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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Yogesh Ahirwar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Pandey Balkrishna, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the record.
3. Applicant seeks bail in Case Crime No.82 of 2024, under Sections 376(1), 506 I.P.C., Police Station- Mahila Thana, District-Jhansi, during the pendency of trial.
PROSECUTION STORY:
4. The applicant is stated to have spiked the soft-drink of the victim and rendered her unconscious on 9.5.2024. The applicant and other co-accused person are stated to have gang-raped her. There are allegations that two ladies had video recorded the said act. Subsequently, the applicant is stated to have forged certain documents and got the marriage registered before the Registrar, Jhansi. The said documents were found fake and the marriage was dissolved.
ARGUMENTS ON BEHALF OF APPLICANT:
5. The applicant is absolutely innocent and has been falsely implicated in the present case.
6. The FIR is delayed by about more than three months and there is no explanation of the said delay caused.
7. The marriage of the applicant and victim was solemnized before the Registrar on 10.5.2024, and subsequent to it
Bail is a rule, not a punishment; presumption of innocence prevails unless exceptional circumstances warrant denial.
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, not a punishment; the presumption of innocence must be upheld unless proven guilty, with conditions set to ensure trial attendance.
The presumption of innocence mandates that bail should be granted unless exceptional circumstances justify its denial, reinforcing the principle that bail is the rule and imprisonment is an exception....
The presumption of innocence is fundamental; bail is a rule and imprisonment an exception, requiring substantial grounds for denial.
Bail is a rule and imprisonment an exception; the presumption of innocence prevails until proven guilty.
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 is an exception; the presumption of innocence must be upheld until proven guilty.
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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