Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Anish Kumar Gupta,J.
Rajnikant Shukla – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Anish Kumar Gupta,J.
1. Heard Shri Daya Shanker Mishra, learned senior counsel assisted by Shri Chandrakesh Mishra for the applicant, Shri Ghanshyam Das Mishra, learned counsel for the informant and Shri D.P.S. Chauhan, learned A.G.A. for the State.
2. The instant bail application has been filed by the applicant seeking his release on bail in Case Crime No. 292 of 2022 under sections 406, 419, 420, 467, 468, 471 and 120-B IPC police station George Town, Prayagraj. 3. Brief facts of the case are that on 8.8.2022 the informant Smt. Shikha Mishra has lodged the instant FIR stating therein that an advertisement was issued for filling up of the post of Asstt. Teacher (English) in Shri Shakti Vidyapeeth, Junior High School, Bendo Karchchana, Allahabad. The applicant was the Manager of the said Institution/School at that point of time. In pursuance of the said advertisement she went to the School and met the applicant. Thereafter the applicant has taken her to his house where they talked to each other and also other family members of the applicant. Thereafter she had applied for the said post and in connection with the appointment on the said post the applicant and his wife has
Bail is the rule and rejection is the exception; unreasonable conditions for bail, such as financial deposits, are not permissible.
Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged incarceration without trial violates this right, warranting bail.
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 is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
Bail is the rule and jail is the exception; denial of bail must be justified by exceptional circumstances.
The court may grant bail based on the circumstances of the case, without expressing an opinion on the merit of the case.
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
