IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Azhar Anis Usmani – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. As informed by learned A.G.A., notice has been served to the informant on 25.7.2024.
3. Heard learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No. 162 of 2023, U/S 376-D IPC , Police Station Cantt, District Prayagraj, during the pendency of trial.
ARGUMENTS ON BEHALF OF THE APPLICANT:
5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. The FIR is delayed by nine months and there is no explanation of the said delay caused.
6. The victim major, aged about 27 years. There is no medical corroboration of the allegations made in the FIR.
7. The victim has escalated the allegations in her statement recorded u/s 164 Cr.P.C. The examination-in-chief of the victim was going on but the same could not be completed on 19.2.2024 because of non-availability of her statement recorded u/s 164 Cr
Prabhakar Tewari Vs. State of U.P.
Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others
Bail is the rule and imprisonment is the exception; presumption of innocence must be upheld unless proven guilty.
The presumption of innocence is fundamental, and bail should be granted unless compelling reasons justify its 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; the presumption of innocence must be upheld until proven guilty.
Bail is a rule and imprisonment an exception; presumption of innocence must be upheld unless proven guilty.
Bail is granted based on the presumption of innocence, highlighting that imprisonment should be an exception, not a rule, under Article 21 of the Constitution.
Bail is a rule, not a punishment; the presumption of innocence must be upheld unless proven guilty, with conditions set to ensure trial attendance.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
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