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ALOK KUMAR VERMA
Kailash Sharma – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present Application, under Section 439 of the Code of Criminal Procedure, 1973, has been filed for grant of regular bail in connection with Case Crime No. 26 of 2022, registered at police station Ghansali, District Tehri Garhwal. The First Information Report was lodged by the victim. FIR was registered under Sections 452, 323, 506, 354, 384, 427 of the Indian Penal Code, 1860 (in short, “IPC”). Chargesheet was filed after completion of the investigation. Victim (PW1) has been examined. Applicant is in judicial custody under Sections 323, 354, 384, 376(1), 427, 452 and Section 506 IPC.
2. As per FIR dated 19.07.2022, informant/victim has two daughters, who are married. Applicant went to meet the informant in her room on 12.06.2021. He molested her and strangled her. Applicant again went to her room on 15.02.2022 and started molesting her saying that he had her objectionable photos. He has taken Rs. 3,00,000/- by blackmailing her. He again went to her room on 07.06.2022 and by showing a knife forced her to write on a plain paper that she is his wife.
3. Heard Mr. Anil Anthwal, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate
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 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 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.
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 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, not punishment.
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 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.
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