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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Banti – 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 19.12.2024.
3. Heard Sri Prashant Sharma, learned counsel for the applicant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No.209 of 2024, under Sections 333, 65(1), 351(2) B.N.S. and 3/4 POCSO Act, Police Station- Hasayan, District- Hathras, during the pendency of trial.
PROSECUTION STORY:
5. The applicant is stated to have outraged the modesty of the minor daughter of the informant aged about 13 years by barging into his house. The said act was seen by the son of the informant, as such, the applicant is stated to have run away by threatening on 11.10.2024 at about 01:00 a.m.
ARGUMENTS ON BEHALF OF APPLICANT:
6. The applicant is absolutely innocent and has been falsely implicated in the present case.
7. The FIR is delayed by about fourteen hours and there is no explanation of the said delay caused.
8. The FIR does not mention that victim was raped up, although, it is stated that applicant had done some indecent act with her. The allegations have been escalated to that of rape in the
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
Bail is granted based on the presumption of innocence, highlighting that imprisonment should be an exception, not a rule, under Article 21 of the Constitution.
Bail is granted based on the presumption of innocence, emphasizing that bail is the rule and imprisonment is the exception, with no evidence suggesting flight or intimidation of witnesses.
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; the presumption of innocence must be upheld 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, 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 should be granted unless exceptional circumstances exist; presumption of innocence prevails until proven guilty.
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