Back
ARUN KUMAR SINGH DESHWAL
Maya Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Counter affidavit filed today by the first informant is taken on record.
2. Second supplementary affidavit filed today by the applicant is also taken on record.
3. Heard Sri Saurabh Pandey, learned counsel holding brief of Sri Suresh Chandra Pandey, learned counsel for the applicant; Sri Akhilesh Kumar Tiwari, learned counsel for the first informant as well as Sri Pankaj Saxena, learned AGA for the State and perused the material placed on record.
4. The instant bail application has been filed on behalf of the applicant Maya Tiwari with a prayer to release her on bail in Case Crime No. -0234 of 2023, under Sections -406, 420, 419, 467, 468, 471, & 120-B I.P.C., Section-66-D of I.T. Act, Police Station -Sarai Khwaja, District -Jaunpur, during pendency of trial.
5. Contention of learned counsel for the applicant is that as per the allegation in the FIR as well as statement of first informant, amount about Rs.10,00,000/-was transferred in the account of the applicant as well as her husband and daughter, but major part of that amount, amounting to Rs.8,70,000/-had already been transferred in the account of the first informant. It is further submitte
Bail is a rule and jail is an exception; it should not be withheld as punishment, especially when the accused poses no flight risk or threat to witnesses.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
The principle that bail is the rule and jail is the exception is reinforced, emphasizing the right to a speedy trial and personal liberty under Article 21 of the Constitution.
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
Bail is a right and should not be denied unless justified by serious grounds; continued detention without trial infringes on personal liberty.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
