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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Sumit @ Golu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Sudhaker Prakash, learned counsel for the applicant and Sri Nikhil Singh, learned Additional Government Advocate for the State.
2. As per learned counsel for the applicant, the present applicant-Sumit @ Golu is languishing in jail since 11.10.2024 in Case Crime No. 454 of 2024, under Sections 323, 506 and 376 I.P.C., Police Station Para, District Lucknow.
3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.
4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which has been lodged on 15.08.2024 of the alleged incident dated 28.05.2022 without explaining the aforesaid inordinate delay of two years and three months. The aforesaid F.I.R. has been lodged pursuant to the allegation being levelled in the application under Section 156 (3) Cr.P.C. filed on 20.04.2024 without explaining the reason as to why such application has been filed at the belated stage.
5. Learned counsel for the applicant has drawn attention towards Annexure 2, which is a statement of the prosecutri
Unexplained delays in filing FIRs can undermine the credibility of the prosecution's case, warranting bail for the accused.
The court established that contradictions in the prosecutrix's statements and the applicant's lack of criminal history justified the granting of bail.
Bail may be granted when allegations lack sufficient evidence and the accused have no prior criminal history, subject to conditions to prevent misuse.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
The court established that a single FIR and prior bail can be sufficient grounds for granting bail, provided the applicant agrees to comply with conditions aimed at ensuring accountability during the....
The court may grant bail based on the circumstances of the case, without expressing an opinion on the merit of the case.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
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