KRISHAN PAHAL
Karan – 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 23.07.2024 but none is present on behalf of the informant.
2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
3. Heard Sri Anil Kumar Dubey, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and perused the material available on record.
4. Applicant seeks bail in Case Crime No. 214 of 2024, under Sections 363, 366, 376 of I.P.C. and Sections 3/4 of POCSO Act, Police Station -Badahalganj, District -Gorakhpur, during the pendency of trial.
PROSECUTION STORY:
5. The applicant in collusion with other co-accused persons is stated to have enticed away the minor daughter of the informant aged about 16 years on 28.04.2024 at about 10:00 PM.
ARGUMENTS ON BEHALF OF APPLICANT:
6. 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.
7. The FIR is delayed by about one day and there is no explanation of the said delay caused.
8. The victim is the consenting party as is but evident from her statement recorded u/s 164 Cr.
Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.
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....
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 and imprisonment is an exception; the presumption of innocence must be upheld until 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 is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
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