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ALOK KUMAR VERMA
Ataur Rehman – 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. 991 of 2022, registered at police station Kotwali Laksar, District Haridwar.
2. Applicant is in judicial custody under Sections 307, 332, 333, 336, 353, 420, 398, 120B of the Indian Penal Code, 1860 and Section 3 read with Section 25 of the Arms Act, 1959.
3. As per the First Information Report dated 16.10.2022, informant constable Surendra Sharma was present with another constable Pancham Prakash in the area of his police station. They received information that some unknown persons were roaming near Durga Mandir over bridge, Laksar. Three suspicious persons were seen at round 17:15 hrs on 16.10.2022. An attempt was made to interrogate them. One of them opened fire at them. Meanwhile, two unknown persons reached the spot. Constable Pancham Prakash had received gunshot injury on his leg in the said incident. All the said five persons managed to escape from the spot. The First Information Report was registered against the unknown persons.
4. Ms. Shalini Thakral, Advocate, submits that the applicant w
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 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.
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 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.
The main legal point established in the judgment is that bail is the rule and committal to jail is an exception, and the decision to grant bail is influenced by the evidence, including the lack of co....
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....
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 a right and should be granted unless there are compelling reasons to deny it, with the primary purpose of detention being to secure the accused's attendance at trial.
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