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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Nagendra Kumar Alias Karan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Abhai Kumar Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.430 of 2024, under Sections 115(2), 64(1) B.N.S., Police Station- Chaubeypur, District- Varanasi, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim for a period of three months on the false promise of marriage and subsequently refused to comply with the said promise.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a married lady having three offsprings from her earlier marriage. Her earlier marriage has not been dissolved, as such, it is not possible for any person to marry any married person, as such, the prosecution story stands falsified. The victim is obviously major as she has three offsprings.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumst
The court ruled that establishing a corporeal relationship on a false promise of marriage does not constitute rape, and the applicant was granted bail based on the circumstances of the case.
The presumption of innocence mandates that bail should be granted unless exceptional circumstances justify its denial, reinforcing the principle that bail is the rule and imprisonment is an exception....
Bail is a rule and imprisonment an exception; the presumption of innocence prevails until proven guilty.
The presumption of innocence is fundamental; bail is a rule and imprisonment an exception, requiring substantial grounds for denial.
Consent in relationships does not equate to rape unless proven that the promise of marriage was made with no intention to fulfill it; bail is the rule and imprisonment the exception.
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
The court held that the nature of allegations and the relationship must be carefully scrutinized at the bail stage, with particular attention to the concept of consent in cases involving alleged fals....
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
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