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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Mahendra – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Learned A.G.A. has informed that notice to the informant has been served on 13.12.2024.
3. Heard Sri Vinod Kumar Yadav, Advocate holding brief of Sri Umendra Kumar Yadav, learned counsel for the applicant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No.420 of 2024, under Sections 137(2), 65(1), 87, 74, 115(2) B.N.S. and 3/4(2) POCSO Act , Police Station- Kanth, District- Shahajahanpur, during the pendency of trial.
PROSECUTION STORY:
5. The FIR was instituted against the applicant of having enticed away the minor daughter of the informant aged about 13 years, a student of Class-8th.
ARGUMENTS ON BEHALF OF APPLICANT:
6. The applicant is absolutely innocent and has been falsely implicated in the present case.
7. There is no date and time of offence mentioned in the FIR. The FIR was instituted after much delay on 20.8.2024 at 07:25 p.m.
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 was forcibly taken by the applicant from her house by gagging her mouth to a car, whereby, the
Bail should be granted unless exceptional circumstances exist; presumption of innocence prevails until proven guilty.
The presumption of innocence is paramount in bail applications, reinforcing that bail is a rule and imprisonment is an exception.
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 and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
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.
A prima facie satisfaction for bail is sufficient, emphasizing that consent and absence of criminal antecedents can influence the decision without prejudicing the trial.
Bail is a rule, not a punishment; the presumption of innocence must be upheld unless proven guilty.
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