Bail is granted based on the presumption of innocence, highlighting that imprisonment should be an exception, not a rule, under Article 21 of the Constitution.

JUDGMENT :

Krishan Pahal, J.

1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 5.11.2024.

2. Heard learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 520 of 2024, U/S 123, 64 B.N.S. and 3(2)V S.C./S.T. Act, Police Station Loni Boarder, District Ghaziabad, during the pendency of trial.

4. As per prosecution story, the applicant is stated to have raped the victim on 9.9.2024 between 3-4 pm when she had gone to his restaurant for food, whereby her food was spiked and she was raped after taking her to another hotel.

5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence.

6. It is further stated that FIR is delayed by three days and there is no explanation of the said delay caused. The age of the victim is 27 years.

7. Learned counsel has further stated that the FIR version is changed during the statement of the victim recorded u/s 183 B.N.S.S., whereby she has stated that she had gone to find a job in the restaurant of the applicant and she was lured into the room and was raped therein. The victim has also stated that she had lodged the FIR at the police station the same day, whereas, the FIR indicates that it is delayed by three days, as such, the applicant is entitled for bail.

8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 9. There is no criminal history of the applicant. The applicant is languishing in jail since 13.9.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

10. Learned State Law Officer has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant.

11. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others, AIR 1980 SC 785 this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

12. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

13. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

14. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595 has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception”.

15. Learned State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

16. It is settled principle of law that the object of bail is to secure the attendance of the accused at