IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Arun – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard learned counsel for the applicant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 254 of 2024, U/S 87, 64(1) B.N.S., Police Station Shamshabad, District Agra, during the pendency of trial.
4. As per prosecution story, on 10.8.2021 at about 10.00 am, the applicant is stated to have tried to entice away the victim from her house to Fatehabad, whereby on her raising of alarm, he is stated to have panicked, as such, the victim managed to save herself.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. It is stated that FIR is delayed by about 8 days and there is no explanation of the said delay caused.
6. Learned counsel has further stated that the allegations have been inflated in the statement of the victim recorded u/s 183 B.N.S.S., whereby she has stated that the applicant had spiked her drink and had taken her to a hot
Bail is a rule and imprisonment an exception; presumption of innocence must be upheld unless proven guilty.
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 is an exception; the presumption of innocence must be upheld until proven guilty.
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 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 a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
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 an exception; the presumption of innocence prevails until proven guilty.
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 and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
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