IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Ankush Paswan – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Learned A.G.A. has informed that notice to the informant has been served on 17.12.2024.
4. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
5. Applicant seeks bail in Case Crime No.247 of 2024, under Sections 137(2), 61(2), 352, 351(2), 64 B.N.S. and 3/4 POCSO Act, Police Station- Bhatani, District- Deoria, during the pendency of trial.
6. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant aged about 15 years on 6.8.2024.
7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about fourteen days and there is no explanation of the said delay caused. The allegations are per se false. The victim in her statement recorded U/s 183 B.N.S.S. has categorically stated that she wanted to spend her life with the applicant and had gone with him out of her own sweet-will, as such, sh
A prima facie satisfaction for bail is sufficient, emphasizing that consent and absence of criminal antecedents can influence the decision without prejudicing the trial.
The presumption of innocence is paramount in bail applications, reinforcing that bail is a rule and imprisonment is an exception.
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 court emphasized that a prima facie case for bail does not require exhaustive examination of merits, allowing for a margin of error in age assessment based on ossification tests.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
The principle of 'Presumption of Innocence Unless Proven Guilty' supports bail as a rule, emphasizing the right to liberty under Article 21 of the Constitution.
Bail should be granted unless exceptional circumstances exist; presumption of innocence prevails 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 the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
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