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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Gautam Chowdhary,J.
Khushi Ram – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
Gautam Chowdhary, J.
1. Heard Shri Abhay Raj Singh, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Darwari Lal, learned counsel for the informant and perused the record.
2. This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 19.07.2023 passed in Criminal Misc. Bail Application No. 11836 of 2022.
3. Learned counsel for the applicant submits that after rejection of first bail application, the trial has commenced. Learned counsel further submits that charges were framed on 05.04.2022 and out of 15 prosecution witness only five prosecution witnesses have deposed their evidence in trial, i.e., P.W.1-the victim, P.W.2-mother of the victim, P.W.3-Chandra Pal (cousin of complainant), P.W.4- H.C.P. Veer Pal and the first informant as P.W.5 and it appears that some more time would elapse in conclusion of trial. Learned counsel for the applicant further submits that though the victim in her statement recorded under Section 161 & 164 Cr.P.C. has clearly stated that on the date of incident when she went out of her house for throwing water the applicant came there and caug
The court granted bail due to contradictions in the victim's statements and the applicant's lengthy pre-trial detention, emphasizing the need for fair trial rights.
The court granted bail on the grounds of prolonged detention without trial and lack of evidence indicating tampering, emphasizing the right to a fair trial.
The judgment emphasizes the need to balance the presumption of innocence with the rights of the victim and accused, and highlights the accountability of complainants in criminal trials.
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.
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
Bail may be granted when there are contradictions in victim statements and no criminal history, ensuring conditions to prevent tampering with evidence.
Bail can be granted based on the applicant's circumstances, provided conditions are imposed to prevent tampering with evidence and ensure trial cooperation.
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