IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Harshit Oberoi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Prabhash Pandey, learned counsel for the applicant and Sri Mrityunjay Tiwari, learned counsel for the informant as well as Sri J.K. Chaurasia, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 742 of 2024, U/S 384, 420, 323, 506, 354C, 376 IPC, Police Station Sikandra, District Agra, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by fooling and luring her and video-recorded the said act and started blackmailing her and thereby, had taken money from the informant also. The victim had instituted the FIR in the year 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 next stated that FIR is delayed by about 13 years and there is no explanation of the said delay caused.
6. Learned counsel has
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless proven otherwise, with the principle that bail is a rule and jail 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.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
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; presumption of innocence must be upheld unless 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 is a rule and imprisonment is an exception, highlighting the presumption of innocence until proven guilty.
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 guide bail decisions.
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