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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Mukesh Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Subhash Chandra Pandey, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 174 of 2024, under Sections 376 I.P.C. and Section 49 of B.N.S., Police Station Kemari, District Rampur, during the pendency of trial.
PROSECUTION STORY:
4. The applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and is stated to have continued the said relationship for a period of four years. The applicant is stated to have refused to comply with the said promise subsequently.
ARGUMENTS ON BEHALF OF APPLICANT :
5. The applicant has been falsely implicated in the present case and he has nothing to do with the said offence.
6. The instant FIR has simply been instituted to force the applicant to marry the victim as he has been appointed in Provincial Armed Constabulary.
7. The allegations are per se false as they have been escalated to that of giving acid to the victim to consume it on 04.10.2024 but there is no evidence of victim of having consumed the said acid whatsoever.
8. Several other
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; the presumption of innocence prevails until proven guilty.
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; presumption of innocence must guide bail decisions.
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 and imprisonment an exception, grounded in the presumption of innocence and the right to life and liberty under Article 21.
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.
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; presumption of innocence must be upheld unless proven guilty.
Bail is a rule, not a punishment; presumption of innocence prevails unless exceptional circumstances warrant denial.
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