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ALOK KUMAR VERMA
Akram Ali – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
This is the Fourth Bail Application. The First Bail Application was rejected on 23.07.2018. The Second Bail Application was rejected on 17.11.2021 and the Third Bail Application was withdrawn on 10.02.2023. The present bail application is being considered as more than one year has been elapsed since the second bail application of the applicant was rejected.
2. Present Bail Application has been filed for grant of regular bail in connection with Case Crime No. 133 of 2014 registered at Police Station Raipur, District Dehradun. Applicant is in judicial custody for the offence under Sections 395, 396, 397 read with Section 34 and Section 412 of the Indian Penal Code, 1860.
3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General with Ms. Shivangi Gangwar, learned Brief Holder for the State.
4. According to the First Information Report dated 10.09.2014, on 10.09.2014, five unknown persons fired upon the son of the informant, killed him and looted cash along with gold jewelery from the informant’s house. The informant, his wife, his mother in-law and a tenant were also injured.
5. Learned counsel for the
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 court established that the presumption of innocence and lack of compelling evidence can warrant the granting of bail even in serious criminal cases.
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.
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 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 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.
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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