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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Krishna @ Krishna Nishad – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Rajeev Kumar, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record.
3. As informed by learned State Law Officer, notice to the informant has been served on 15.01.2024 but none is present on behalf of the informant even in the revised call.
4. Applicant seeks bail in Case Crime No. 183 of 2024, under Sections 137(2), 65(1), 351(3), 115(2) B.N.S. and Section 3/4 of POCSO Act Police Station Kishanpur, District Fatehpur, during the pendency of trial.
PROSECUTION STORY:
5. The FIR was instituted against unknown person regarding the missing of the daughter of the informant.
ARGUMENTS ON BEHALF OF APPLICANT :
6. The applicant has been falsely implicated in the present case and he has nothing to do with the said offence.
7. The victim by her looks seems to be major, although she has stated her age to be 17 years.
8. The victim is a consenting party as is but evident from her statement recorded u/s 183 BNSS whereby she has stated that she was taken forcibly from the roof of her house by the applicant and had taken to the house of his friend on a motorcycle whereby he is stated to have
Bail is a rule, not a punishment; the presumption of innocence must be upheld unless proven guilty.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld 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.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The court emphasized the presumption of innocence and the principle that bail is a rule, while imprisonment is an exception, requiring substantial evidence for denial.
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
The principle of 'Presumption of Innocence Unless Proven Guilty' underpins the right to bail, and the burden lies on the prosecution to demonstrate exceptional circumstances warranting denial of bail....
Bail is a rule and imprisonment an exception, grounded in the presumption of innocence and the right to life and liberty under Article 21.
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