IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Avneesh Alias Billu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record.
3. Applicant seeks bail in Case Crime No. 330 of 2024, under Sections 64, 351(3) of B.N.S. and section 3/4 of D.P. Act and Section 67A of I.T. Act, Police Station Bakewar, District Etawah, during the pendency of trial.
PROSECUTION STORY:
4. The applicant is stated to have established corporeal relationship with the victim as the marriage was already agreed to be solemnized between the two. The applicant kept on dilly dallying with the marriage and had even video recorded the said indecent act.
5. The applicant is stated to have blackmailed the victim for a substantial period of time and even sent the indecent act to the erstwhile groom where the marriage of the victim was agreed to be solemnized.
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. There is no recovery of any video whatsoever.
8. The applicant is a widower and has an offspring from his earlier marriage and the victim herein is his relative and
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.
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....
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
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, not a punishment; the presumption of innocence must be upheld unless proven guilty, with conditions set to ensure trial attendance.
Bail is a rule, not a punishment; presumption of innocence prevails unless exceptional circumstances warrant denial.
The court ruled that establishing a corporeal relationship on a false promise of marriage does not constitute rape, and the applicant was granted bail based on the circumstances of the case.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless proven otherwise, with the principle that bail is a rule and jail is an exception.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
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