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KRISHAN PAHAL
Sarvjeet Pandey @ Paplu Pandey – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Krishan Pahal, J.)
1. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
2. Heard Sri Pawan Giri, Advocate holding brief of Sri Rajesh Prasad, learned counsel for the applicant and Sri Jai Kishan Chaurasiya, learned A.G.A. for the State and perused the material available on record.
3. Applicant seeks bail in Case Crime No. 02 of 2024, under Sections 376, 452, 504, 506 of I.P.C., Police Station - Pakri, District - Ballia, during the pendency of trial.
PROSECUTION STORY:
4. On 12.12.2023 at about 11:00 AM, the applicant is stated to have barged into the house of the informant in the absence of her husband and outraged her modesty and after hurling abuses at her, he had even threatened to put her to death.
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 24 days and there is no explanation of the said delay caused. Initially, the FIR was instituted u/s 354, 452, 504, 506 of IPC only but subsequently during the statement of the victim recorded u/s 164 Cr.P.C., the alleg
The presumption of innocence and right to liberty under Article 21 necessitate granting bail unless exceptional circumstances are shown.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The principle of 'Presumption of Innocence Unless Proven Guilty' underpins the right to bail, and the burden lies on the prosecution to demonstrate exceptional circumstances warranting denial of bail....
Bail is granted based on the presumption of innocence, highlighting that imprisonment should be an exception, not a rule, under Article 21 of the Constitution.
Bail is the rule and imprisonment is the exception; presumption of innocence must be upheld unless proven guilty.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
The presumption of innocence and the right to bail as a fundamental principle of criminal law, reinforced by the absence of corroborative evidence in the prosecution's case.
The presumption of innocence is fundamental; bail is a rule and imprisonment an exception, requiring substantial grounds for denial.
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