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.

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 single word against the applicant rather, she has stated in her statement recorded under section 164 Cr.P.C. that she had gone to the house of her maternal aunt Khushi at Moga, Punjab and met one Anmol who was introduced to her through Instagram where she met other persons namely Paras and his son. The victim was retrieved by the police on 09.04.2024 to Baghpat.

6. Subsequently, in the supplementary statement of the informant recorded under section 161 Cr.P.C., she has stated that the applicant along with two other co-accused persons are stated to have enticed her away and one instrumental in getting an order from Moga Punjab for letting the victim stay with one Paras in live-in relationship whereby it is stated that the said Paras had established physical relationship with the victim.

7. It is further stated that even the said statement of the victim taken up belatedly after legal consultation, does not allay any allegations of alleged rape against the applicant.

8. As per ossification test report, the age of the victim is stated to be 17 years, as such a leverage of two years may be granted to the applicant on the upper side.

9. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

10. There is no criminal history of the applicant. The applicant is languishing in jail since 20.04.2024. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

(Arguments on behalf of opposite party)

11. The bail application has been opposed on the ground that the victim was minor and her date of birth as per school certificate is 01.01.2007. As such, the applicant is not entitled for bail.

Conclusion:

12. As per ossification test report, the age of the victim is 17 years and a leverage of two years may be granted to the applicant on the upper side in the light of the judgement of Supreme Court passed in Jaya Mala v. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan v. State (Govt. of NCT of Delhi), (2011) 10 SCC 192, whereby it has been opined that the radiologist cannot be predict the correct date of birth rather there is a long margin of 1 to 2 years on either side.

13. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution s