IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Monu – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 21.12.2024.
2. Heard Ms. Sujata Choudhary, learned counsel for the applicant as well as Sri S.D. Maurya, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 512 of 2024, U/S 65(2), 351(2) B.N.S. read with Section 5M/6 of POCSO Act , Police Station Kankerkhera, District Meerut, during the pendency of trial.
4. As per prosecution story, on 19.8.2024, the applicant is stated to have committed rape with the minor daughter of the informant aged about 11 years. Her private part was found inflamed.
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 there is no time of offence mentioned in the FIR, which itself is delayed by about seven days and there is no explanation of the said delay caused.
6. It is further stated that the victim has not sustained any injuries, whatsoever.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
Bail is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
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 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 is an exception; the presumption of innocence must be upheld 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; 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 a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
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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