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ALOK KUMAR VERMA
Hardev – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present 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.461 of 2019 (Sessions Trial No.254 of 2019), registered at police station Rudrapur, District Udham Singh Nagar.
2. Applicant is in judicial custody under Section 302 read with Section 34 of the Indian Penal Code, 1860.
3. The case of the prosecution is that the informant Rinku (PW1) was going to his house on a motorcycle with his younger brother Prem Shankar, aged about 19 years, on 01.09.2019. At around 08:30 p.m., Sukhpal (co-accused) was standing in the middle of the road near Valmiki Temple. He was asked to move out of the way. Then, he (co-accused) slapped the informant’s brother. One Chanchal of Chanchal Medical Store intervened. They left their motorcycle near Chanchal Medical Store and went their house. When the informant and his brother Prem Shankar went to take back their motorcycle, the present applicant along with two co-accused persons assaulted them with a Gupti (pointed weapon), an Iron pipe and Patal (sharp edged weapon). The informant’s wife Smt. Renu (PW2) had also reac
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 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 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.
Rejection of Bail - Murder case - From the perusal of the evidence, collected during the investigation, it prima facie appears that the applicant was involved in this crime.
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 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.
The court established that the grant of bail can be justified when the accused has no criminal history, the investigation is complete, and there is no substantial evidence indicating a risk of abscon....
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 personal liberty is paramount, and bail should be granted unless there are compelling reasons to deny it.
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