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ALOK KUMAR VERMA
Kela – 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. 88 of 2022, registered at police station Buggawala, District Haridwar under Section 304B of the Indian Penal Code, 1860.
2. As per the First Information Report dated 10.09.2022, the deceased Smt. Aanchal Devi, younger sister of the informant-Shiv Kumar was married with Shekhar (co-accused). A few months after the marriage, she was being harassed by the present applicant and co-accused persons demanding dowry. They strangled her sister to death with a rope on 10.09.2022.
3. According to the post-mortem report, the cause of death was asphyxia due to anti-mortem hanging.
4. After the filing of the charge-sheet, informant-Shiv Kumar (PW1) has been examined.
5. Heard Mr. T.A. Khan, learned Senior Advocate assisted by Ms. Sofiya, learned counsel for the applicant and Mr. M.A. Khan, learned A.G.A. for the State.
6. Mr. T.A. Khan, learned Senior Advocate, contended that the applicant is the mother-in-law of the deceased. She has been falsely implicated in the present matter. The deceased was residing with her h
The main legal point established in the judgment 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 thei....
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....
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 legal principle established is that an accused person should not be kept in custody for an indefinite period without sufficient evidence or trial, and bail may be granted under reasonable conditi....
The court's decision highlighted the importance of considering the nature and gravity of the accusation, as well as the circumstances of the case, in granting bail. It also emphasized the need to imp....
The court considered the nature of the offence, the absence of previous criminal history, and the overall facts and circumstances of the case in granting bail to the accused-applicant.
The absence of specific allegations, nature of evidence, and post mortem report indicating death by hanging influenced the court's decision to grant bail.
The court may grant bail based on the statements of witnesses and the likelihood of the trial taking time for its conclusion, without commenting on the merits of the case.
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