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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shekhar Kumar Yadav,J.
Angad Chauhan – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Shekhar Kumar Yadav, J.
1. Heard Mrs. Meera, learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State of U.P. as well as perused the record.
2. The present bail application has been filed on behalf of the applicant in Case Crime No.226 of 2024, under Sections 363, 366, 376 I.P.C. and Section 4(2) POCSO Act, Police Station- Jiyanpur, District- Azamgarh with the prayer to enlarge him on bail.
3. As per prosecution story, minor daughter of the informant, aged about 16 years, has been enticed away by the applicant.
4. Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in the case. The applicant has not committed any offence as alleged in the impugned FIR. He submits that the incident took place on 17.5.2024 whereas the FIR has been lodged after due deliberation and consultation on 18.5.2024 but no plausible explanation regarding delay has been mentioned. He submits that initially, the impugned FIR was lodged under Section 363 IPC and after recovery of the victim and as per her statement, Sections 366, 376 I.P.C. and Section 4(2) POCSO Act were added. He submits that as per Par
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.
A prima facie satisfaction for bail is sufficient, emphasizing that consent and absence of criminal antecedents can influence the decision without prejudicing the trial.
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.
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, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The court emphasized that a prima facie case for bail does not require exhaustive examination of merits, allowing for a margin of error in age assessment based on ossification tests.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
Bail should be granted unless exceptional circumstances exist; presumption of innocence prevails until proven guilty.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
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