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ALOK KUMAR VERMA
Gaurav Gupta – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Both the Bail Applications have been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.486 of 2019, registered at Police Station Haldwani, District Nainital. Gaurav Gupta - applicant is in judicial custody for the offence under Section 302 and Section 394 of the Indian Penal Code (in short, “IPC”) and Section 30 of the Arms Act, 1959. Applicant – Saurabh Gupta is in judicial custody for the offence punishable under Sections 302 and 394 IPC.
2. These two Bail Applications have arisen from one case crime number, therefore, both the Bail Applications are being disposed of by this common order. Record of First Bail Application No.1139 of 2020 will be leading file.
3. The brief facts which are required to be stated are that Smt. Vinita Pandey, the informant, lodged the First Information Report saying that today, i.e. on 15.12.2019 at around 12 o’clock, her husband Bhupendra Pandey had gone to Mangal Parao with Dinesh Sagar in his scooty. Around 1:00 p.m., her nephew Neeraj Pandey informed her that his uncle Bhupendra Pandey was shot dead by Saurabh Gupta and Gaurabh Gupta (applicants
Prima facie evidence at the bail stage can indicate the involvement of the accused in the crime, leading to the rejection of bail applications.
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 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.
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.
Bail may be granted even in serious offenses if the evidence against the applicant is not compelling and other factors favor release.
At the bail stage, detailed analysis of witness testimonies and recoveries should be avoided, and each criminal case should be considered on its own merits.
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