Back
ALOK KUMAR VERMA
Sumit – 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 under Sections 304, 323, 504 and 506 of the Indian Penal Code, 1860 in connection with the Case Crime No.462 of 2022, registered at police station Pathri, District Haridwar.
2. As per the First Information Report dated 27.08.2022, the informant’s husband Deepak Kumar had gone to his neighbor Shobharam’s house on 22.08.2022 at around 02:30 a.m. There was a programme at Shobharam’s house. Drums were playing there. When a dispute arose between Deepak Kumar and Shobharam over some issue, Shobharam’s nephew Kala (co-accused) and his associates beat him and threw him into his house in an unconscious state. Deepak Kumar told his wife Priyanka, the informant, and his mother Smt. Prasadi Devi that Shobharam (co-accused), Kala and others had beaten him. Deepak Kumar was taken to the hospital. He was declared dead in the hospital. Post-mortem examination of the dead body of the deceased was conducted on 23.08.2022. As per the post-mortem report, the cause of death was due to ante-mortem cerebral bleed and haemorrhagic shock. Upon conclusion of the
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 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 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.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The completion of investigation and filing of the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.
The court may grant bail considering the circumstances of the case, the filing of the charge sheet, and the time it would take for the conclusion of the trial.
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.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
