Back
KARUNESH SINGH PAWAR
Rahul – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Karunesh Singh Pawar, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
2. None appears on behalf of the complainant. From perusal of ordersheet, it is evident that notice to the informant has been served.
3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.174 of 2024, under Sections 363, 354 and 506 IPC and Section 7/8 of POCSO Act, Police Station-Nakhasa, District-Sambhal.
4. In the prosecution case, it is alleged that applicant has molested and threatened the minor daughter of the first informant, aged about 15 years at Sambhal on the pretext of dropping her home when she was going to tution.
5. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case due to ulterior motive. In her statement recorded under Section 161 Cr.P.C., victim has supported the prosecution case, however, while giving her statement under Section 164 Cr.P.C., she has made improvement and stated that she went with the applicant out of her own sweet will. There is material contradiction in the statements of the victim recorded under Sections 161 and 16
Bail may be granted when there are contradictions in victim statements and no criminal history, ensuring conditions to prevent tampering with evidence.
The court granted bail based on the victim's consent and lack of injuries, emphasizing the need for careful consideration of allegations and circumstances surrounding the case.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
The principle of 'Presumption of Innocence Unless Proven Guilty' supports bail as a rule, emphasizing the right to liberty under Article 21 of the Constitution.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
The court emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
Applicant-accused shall not pressurize/ intimidate prosecution witness - Applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fa....
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
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
