IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Shivam – 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 Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 608 of 2024, U/S 87, 64, 123 B.N.S., Police Station Shikohabad, District Firozabad, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have enticed away the wife of the informant on 2.10.2024.
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 eight days and there is no explanation of the said delay caused.
6. It is further stated that the victim is major and is a married lady. She is the consenting party, as she has stated in her statement recorded u/s 183 B.N.S.S. that the applicant had spiked her drink and had left her at Subhash crossing. She has further stated that the FIR has been instituted on false facts.
7. Several other submissions have been made on beha
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 an exception; presumption of innocence must be upheld unless 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 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 and imprisonment an exception; presumption of innocence must guide bail decisions.
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 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.
The presumption of innocence mandates that bail should be granted unless exceptional circumstances justify its denial, reinforcing the principle that bail is the rule and imprisonment is an exception....
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