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.

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 further stated that the age of the victim is 51 years, while the age of the applicant is 37 years. From the age difference, it is but evident that the case is in reverse. It was the applicant, who is the victim, rather being the person, who had molested the victim.

7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

8. There is no criminal history of the applicant. The applicant is languishing in jail since 9.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

9. Learned counsel for the informant has vehemently opposed the bail application on the ground that the applicant had misused his clout and had established corporeal relationship with the victim. Learned counsel has stated that he wants to file his counter affidavit.

10. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others, AIR 1980 SC 785 this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

11. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

12. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

13. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595 has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception.”

14. Learned State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

15. It is settled principle of law that the object of bail is to secure the attendance of the accuse