Back
ALOK KUMAR VERMA
Sukhpal – 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 Case Crime 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 First Bail Application (No.1197 of 2020) of the applicant was rejected on 22.06.2021. After the said bail application was rejected, nine witnesses were examined by the prosecution.
4. 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., present applicant, who was standing in the middle of the road near Valmiki Temple, was asked to move out of the way. Then, the present applicant 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 their motorcycle, the present applicant alo
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 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.
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 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 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.
The court established that personal liberty is paramount, and bail should be granted unless there are compelling reasons to deny it.
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....
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
