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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Manish Ahirwar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Sri Imran Khan, learned AGA for the State apprised the Court that notice has been served upon the informant on 14.01.2025. Despite service of notice, none present on behalf of the informant.
2. Heard Sri Dhirendra Bahadur Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 472 of 2024, under Sections 376(2)(N) IPC and Section 5/6 POCSO Act, Police Station Mauranipur, District Jhansi during pendency of the trial.
4. Learned counsel for the applicant submits that earlier applicant had already been released on bail by this Court in the present matter under Section 376 IPC vide order dated 02.12.2024 passed in Criminal Misc.Bail Application No. 41724 of 2024 but after investigation charge-sheet has been filed for offences under Sections 5/6 POCSO Act and Section 376(2)(N) IPC and when applicant applied for bail before the court concerned for these offences then his bail application has been dismissed.
5. He further submits that as earlier after considering the entire facts of the case applicant had already been released on
Bail can be granted for additional charges if the applicant has previously been released on bail and lacks a criminal history.
The court emphasized that individual circumstances, such as the duration of incarceration and absence of a criminal history, are crucial in deciding bail applications.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
The court held that prior criminal history does not automatically preclude bail if the circumstances warrant it, emphasizing the need for parity with co-accused and considering the duration of custod....
The court established that the absence of substantial evidence against an accused, particularly when not named in the FIR, is a significant factor in granting bail.
The court granted bail to the applicant based on parity with a co-accused released on bail, considering the duration of custody and nature of offences.
The court may grant bail based on the assertion of innocence and lack of dispute from the opposing counsel, without affecting the merits of the case.
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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