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ALOK KUMAR VERMA
Shankar Sharma alias Ravi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
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 the First Information Report No.138 of 2018, registered at Police Station Jaspur, District Udham Singh Nagar under Sections 302, 307, 120B and Section 34 of the Indian Penal Code, 1860.
2. The brief facts which are required to be stated are that on 25.05.2018, Smt. Bhajan Kaur, the informant, was in her house with her husband Daya Singh, daughter-in-law Charanjeet Kaur, brother of her daughter-in-law Devendra Singh alias Labba, his wife Babbi and his son Happy. At around 11:00 in the morning, suddenly two persons entered her house and pointed a country made pistol (Tamancha) at her chest. When she folded her hands, they ran outside. They fired at her husband Daya Singh, aged about 63 years, due to which he died near the cowshed outside the house. Devendra Singh alias Labba was hit by fire, due to which he was injured. After inquest proceedings, post-mortem and last rites of the deceased, an FIR was lodged on 25.05.2018 at 20:30 p.m. The FIR was registered against the two unknown persons.
3. During the investigation,
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....
Bail may be granted even in serious offenses if the evidence against the applicant is not compelling and other factors favor release.
Judicial custody without direct evidence or naming in FIR is insufficient for bail denial; co-accused receiving bail influences decision.
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 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 presumption of innocence until proven guilty and the principle that bail is the rule and committal to jail is an exception were central to the court's decision.
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