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ALOK KUMAR VERMA
HIMANSHU SHARMA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Hon'ble Alok Kumar Verma, J.
This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with F.I.R. No.0203 of 2020, registered with Police Station Transit Camp, District Udham Singh Nagar for the offence punishable under Sections 323, 365 & 367 of I.P.C.
2. On 11.08.2020, at 20.05 hrs., an FIR was lodged by the informant Islamuddin that the informant had a welding shop in the name of Raja Fabrication. One Daya Kishan was working there along with him. Daya Kishan had a dispute regarding money with the present applicant and co-accused persons, who used to come to his shop and threaten Daya Kishan by saying that if he does not pay, then they will beat him and kidnap him. On 11.08.2020 at 17.40 hrs, the present applicant along with co-accused persons came to his shop and took Daya Kishan forcefully in a Innova Car. On the same day, i.e. 11.08.2020, Daya Kishan was recovered from the possession of the present applicant and co-accused persons.
3. Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Lalit Miglani, learned A.G.A. for the State through video conferencing.
4. The learned c
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....
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, and the purpose of keeping the accused in detention during the trial is to secure attendance, not punishment.
Grant of Bail - Offence of Kidnapping and Rape - 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....
Bail is the rule and committal to jail is an exception, and refusal of bail is a restriction on the personal liberty guaranteed under Article 21 of the Constitution of India.
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.
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.
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....
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