IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Kanhaiya – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised. As informed by learned State Law Officer, notice has been served to the informant on 18.12.2024.
2. Heard Sri Arvind Kumar Tiwari, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 137 of 2024, U/S 137(2), 64 B.N.S., 2023 and 3/4 POCSO Act, Police Station Sikandarpur Vaish, District Kasganj, during the pendency of trial.
4. 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.
5. Admittedly, the victim is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S., whereby she has stated that she had married the applicant at a temple. It is stated that the victim, by her looks, seems to be major, although she is stated to be 16 years old. The applicant himself is aged about 19 years.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of th
Bail is a rule and imprisonment an exception; presumption of innocence must guide bail decisions.
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 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; the presumption of innocence prevails until 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; presumption of innocence must be upheld unless proven guilty.
The presumption of innocence is paramount in bail applications, reinforcing that bail is a rule and imprisonment is an exception.
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.
The principle of 'Presumption of Innocence Unless Proven Guilty' underpins the right to bail, and the burden lies on the prosecution to demonstrate exceptional circumstances warranting denial of bail....
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