IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Nijamuddin @ Raza – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Ms. Priyanshi Gupta, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. As informed by learned AGA, notice to the informant has been served on 19.12.2024 but none is present on behalf of the informant even in the revised call.
4. Applicant seeks bail in Case Crime No. 76 of 2024, under Sections 363, 366, 376(3) I.P.C. and Section 3/4(2) of POCSO Act, Police Station Rasulabad, District Kanpur Dehat, during the pendency of trial.
PROSECUTION STORY:
5. The applicant who happens to be an Urdu teacher, is stated to have enticed away the minor daughter of the informant on 09.03.2024.
ARGUMENTS ON BEHALF OF APPLICANT :
6. The applicant has been falsely implicated in the present case and he has nothing to do with the said offence.
7. The FIR is delayed by about five days and there is no explanation of the said delay caused.
8. The victim by her looks seems to be major, although, she has stated her age to be 16 years in her own statement
9. The victim is a consenting party as is but evident from her statement recorded u/s 164 Cr.P.C.
10. The victim and the applicant have married wh
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
Bail is a rule and imprisonment an exception, grounded in the presumption of innocence and the right to life and liberty under Article 21.
The presumption of innocence is paramount in bail applications, reinforcing that bail is a rule and imprisonment is an exception.
The principle of 'Presumption of Innocence Unless Proven Guilty' underpins the right to bail, and the burden lies on the prosecution to demonstrate exceptional circumstances warranting denial of bail....
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.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
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