IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Azad Khan – Appellant
Versus
State of U.P. – Respondent
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 vict
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.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
Bail is granted based on the presumption of innocence, emphasizing that bail is the rule and imprisonment is the exception, with no evidence suggesting flight or intimidation of witnesses.
Bail is a rule and imprisonment an exception; 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.
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
Bail is a rule, not a punishment; the presumption of innocence must be upheld unless proven guilty, with conditions set to ensure trial attendance.
Bail is a rule and imprisonment an exception, grounded in the presumption of innocence and the right to life and liberty under Article 21.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
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