KRISHAN PAHAL
Mukesh Ram – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(Krishan Pahal, J.)
1. As informed by learned AGA, notice to the informant has been served on 13.07.2024 but none is present on behalf of the informant.
2. Heard Sri Shashi Bhushan Kunwar, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State and perused the material available on record.
3. Applicant seeks bail in Case Crime No. 58 of 2024, under Sections 363, 366, 376 of I.P.C. and Sections 5L/6 of POCSO Act, Police Station - Sikanderpur, District - Ballia, during the pendency of trial.
PROSECUTION STORY:
4. The applicant is stated to have enticed away the minor daughter of the informant in the night of 06.03.2024.
ARGUMENTS ON BEHALF OF APPLICANT:
5. The applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR.
6. The FIR is delayed by about five days and there is no explanation of the said delay caused.
7. The victim is a consenting party as is but evident from the fact that the victim herself had taken away Rs. 80,000/- and several ornaments from her house along with her. The victim has stated that she had married the applicant.
8. The victim by her physical ap
Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
Bail is a rule, not a punishment; the presumption of innocence must be upheld unless proven guilty.
Bail is a rule and imprisonment an exception, grounded in the presumption of innocence and the right to life and liberty under Article 21.
The presumption of innocence is paramount in bail applications, reinforcing that bail is a rule and imprisonment is an exception.
Bail should be granted unless exceptional circumstances exist; presumption of innocence prevails until proven guilty.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
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