IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Mithun Alias Kandale – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Ms. Gunjan Yadav, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record.
3. As informed by learned State Law Officer, notice to the informant has been served on 14.12.2024 but none is present on behalf of the informant even in the revised call.
4. Applicant seeks bail in Case Crime No. 230 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 3/4 of the POCSO Act , Police Station Jalaun, District Jalaun, during the pendency of trial.
PROSECUTION STORY:
5. The applicant is stated to have enticed away the minor daughter of the informant in collusion with other co-accused persons on 22.07.2024 at about 4 p.m.
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 allegations are per se false.
8. The victim is a consenting party as is but evident from her statement recorded u/s 183 B.N.S.S. whereby she has stated that she had gone with the applicant out of her own sweet will all the way to Auraiya from where she was taken by force by the applicant to Delhi and she was sexu
The court emphasized the presumption of innocence and the principle that bail is a rule, while imprisonment is an exception, requiring substantial evidence for denial.
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; the presumption of innocence must be upheld until proven guilty.
Bail is a rule, imprisonment an exception; the right to liberty must be upheld unless substantial grounds justify denial.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
Bail should be granted unless exceptional circumstances exist; presumption of innocence prevails until proven guilty.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
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.
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
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