ALOK KUMAR VERMA
Sachin Saini – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J.—Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 147, 183, 186, 353, 379, 411 of the Indian Penal Code, 1860 and Section 4 read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 in connection with the Case Crime No.324 of 2017 (Criminal Case No.168 of 2019), registered at police station Kotwali Gangnahar Roorkee, District Haridwar.
2. As per the case of the prosecution, informant Pawan Dimri, Sub-Inspector, was busy in patrolling duty with other police personnel on 29.08.2017. He received a wireless message that a tractor trolley was loaded with stolen sand. Three tractors and two trolleys parked at Saliar Check Post were found filled with sand. Seeing the police, four persons ran away from the spot. Two persons were arrested by the police. The arrested co-accused persons stated in their confessional statements that Sachin Saini and Imran (present applicants) were also among those who fled from the spot. Upon conclusion of the investigation, charge-sheet was filed.
3. Heard Mr. Mohd. Safdar, learned counsel for applicants and Mrs. Ma
Anticipatory Bail – Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to peculiar ....
The main legal point established is the grant of anticipatory bail based on the lack of criminal history, willingness to cooperate with the investigation, and the specific conditions imposed by the c....
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding or interfering with the investigation, especially when custodial interrogation is not....
The court established that anticipatory bail can be granted when there is insufficient evidence to justify custodial interrogation, reinforcing the protection of personal liberty under Article 21.
Anticipatory bail can be granted when the applicant demonstrates that they are not a flight risk and that custodial interrogation is unnecessary, in line with the protection of personal liberty under....
The court underscored the significance of personal liberty and adherence to legal procedures in the context of anticipatory bail applications.
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