Back
ALOK KUMAR VERMA
Bharatveer – 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.208 of 2019 (Sessions Trial No.01 of 2020), registered at Kotwali Kotdwar, District Pauri Garhwal.
2. Applicant is in judicial custody under Section 302 of the Indian Penal Code, 1860.
3. Briefly stated, the prosecution case is that the informant Yatish Chandra Daundiyal lodged an FIR that his younger brother Shekhar Chandra Daundiyal, aged about 46 years, was working in Shiv Cable. On 13.08.2019, at around 3:25 hrs, he was shot dead by two unknown persons in the control room of Shiv Cable, situated at Simbalchaur, Kotdwar. He got information about the said incident from the persons of Chandrabani Cable Network. An FIR was registered on 14.08.2019 at 12:05 p.m. During the course of investigation, CCTV footages were collected. It was found from the CCTV footages that two unknown persons came on a motorcycle (Registration No.UK08P-8754), shot fire upon the deceased and ran away. Some other CCTV footages were also collected by the Investigating Officer.
4. The inquest panchnama was drawn. As per the post-
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....
Judicial custody without direct evidence or naming in FIR is insufficient for bail denial; co-accused receiving bail influences decision.
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....
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.
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.
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
