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KRISHAN PAHAL
Harshdeep – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Krishan Pahal, J.
Heard Sri. Sachin Malik, learned counsel for the applicant and Sri. Satyendra Narayan Singh, holding brief of Sri. Bhuwanesh Chandra Mishra, learned counsel for the informant as well as Sri. Jai Kishan Chaurasiya, learned A.G.A. for the State and perused the record.
2. Applicant seeks bail in Case Crime No. 183 of 2024, under Sections 363, 376, 120B I.P.C. and Section 3/4 of POCSO Act, Police Station Baghpat, District Baghpat, during the pendency of trial.
Prosecution Story:
3. As per prosecution story, the daughter of the informant had gone to appear in the High School examination on 07.03.2024 and was missing since then but subsequently, messages were received by the informant from two mobile nos.9654095925 and 9643507602 stating that the victim was in Chandigarh. After delving deep into the matter, it was revealed that one of the said mobile number belongs to one Khushi.
Rival Contentions:
(Arguments on behalf of applicant)
4. The applicant is absolutely innocent and has been falsely implicated in the present case and he has nothing to do with the said offence.
5. The statements of the victim recorded under section 161 and 164 Cr.P.C. does not whisper a
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.
The court emphasized that a prima facie case for bail does not require exhaustive examination of merits, allowing for a margin of error in age assessment based on ossification tests.
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 a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
A prima facie satisfaction for bail is sufficient, emphasizing that consent and absence of criminal antecedents can influence the decision without prejudicing the trial.
Bail is a rule, not a punishment; the presumption of innocence must be upheld unless proven guilty.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
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