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ALOK KUMAR VERMA
Faeem – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J.—Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.148 of 2019, registered at police station Rajpur, District Dehradun.
2. Present applicant is in judicial custody under Sections 342, 395, 398, 412, 506, 420, 468, 471, 120B and Section 201 of the Indian Penal Code, 1860.
3. First Bail Application (No.236 of 2021) was rejected on 23.07.2021. The Second Bail Application (No.186 of 2021) was treated as the Short Term Bail Application and the applicant was granted short term bail for a period of twenty five days on 12.11.2021.
4. As per the case of the prosecution, informant and his wife were present in their house on 22.09.2019. At about 08:15 p.m., four unknown persons entered the informant’s bed room showing gun to two servants of the informant. They confined the informant, his wife and servants and committed robbery of cash and jewellery. The First Information Report was registered against the unknown persons on 23.09.2019 at 12:50 hrs.
5. During investigation, applicant was arrested on 02.07.2020 and on 07.07.2020, Rs.5,460/-, a gold chain and a wr
Bail is rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution of India.
Bail is rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution.
The main legal principle established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused person in detention during the trial is to secure their att....
The main legal point established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, no....
Point of Law : Grant of Bail – Offence of theft – Applicant not arrest on spot - object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly t....
The court established that an individual cannot be detained without substantial evidence, and the right to bail is fundamental when the evidence against the accused is weak or non-existent.
Bail is the rule and the committal to jail is an exception. The purpose of keeping the accused person in detention during the trial is to secure their attendance, not punishment.
Bail is the rule and committal to jail is an exception, meant to secure the attendance of the accused, not as punishment.
The court established that bail can be granted even in serious cases if the applicant demonstrates a lack of direct involvement and if there are no substantial grounds for continued detention.
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