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.

JUDGMENT :

Krishan Pahal, J.

1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 30.11.2024.

2. Heard Sri Anurag Upadhyay, learned Advocate holding brief for Sri Abhishek Trivedi, learned counsel for the applicant as well as 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. 557 of 2024, U/S 64(1), 351(2) B.N.S. and 3/4 POCSO Act , Police Station Roza, District Shahjahanpur, during the pendency of trial.

4. As per prosecution story, the applicant and the co-accused person Babu @ Akash are stated to have forcibly taken the daughter of the informant in a car and are stated to have recorded an indecent video of the victim on 2.9.2024.

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. It is further stated that the victim is major. As per ossification test report, her age is 18 years.

6. It is further stated that there is no time of offence mentioned in the FIR. It is delayed by six days and there is no explanation of the said delay caused. The FIR indicates the allegations of outraging the modesty only but subsequently, in the statement of the victim recorded u/s 183 B.N.S.S., she has escalated the allegations to that of gang rape, that too against three persons. The said incident of gang-rape is stated to have been committed in the month of January, 2024, as such, the FIR is delayed by about eight months to the said alleged incident. The said allegations have been made after legal consultation.

7. 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. There is no criminal history of the applicant. The applicant is languishing in jail since 1.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

8. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant.

9. 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.

10. 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.

11. 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.

12. 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”.

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