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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shree Prakash Singh,J.
Deepak Dubey – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Lko. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1.Sri Aditya Kumar Bajpai, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the opposite party no. 2 and the same is taken on record.
2. Heard learned counsel for the applicant, Sri Aditya Kumar Bajpai, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 292 of 2024, under sections 137(2), 87, 64(2) of the B.N.S. and section 5 (l)/6 of the POCSO Act, Police Station-Raniganj, District-Pratapgarh.
4. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant was more than 17 years of age at the time of the incident and he never enticed away the alleged victim as is evident from the statement of the victim recorded under section 183 of the B.N.S.S. as well as the statement given before the trial court. He next added that the victim herself went away with the applicant and she intended to perform marriage with the
The court emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
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 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, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The court may grant bail based on the circumstances of the case, without expressing an opinion on the merit of the case.
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