ALOK KUMAR VERMA
Vineet Prasad – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 420, 452 of the Indian Penal Code, 1860 in connection with the Case Crime No. 104 of 2023, registered at police station Gangnahar, District Haridwar.
2. Heard Mr. Gaurav Singh, learned counsel for the applicant (through video conferencing) and Mr. Akshay Latwal, learned Brief Holder for the State.
3. Mr. Akshay Latwal, Brief Holder for the State has opposed the Anticipatory Bail Application. He submits that on 08.02.2023, five unknown persons went to the house of the informant by a Vehicle, I-20 (Registration No. DL-7CU-3567). They introduced themselves as Income Tax Officers. They searched his house. He (informant) had kept Rs. 20.00 Lakh (Rupees Twenty Lakh) at his house for the marriage of his daughter, which they took with them. The First Information Report was lodged by the informant-Sudhir Kumar Jain on 11.02.2023. Co-accused Dheeraj and Salman alias Samar were arrested on 22.02.2023. They disclosed the name of the present applicant in their confessional statements.
4. Mr. Gaurav Singh, Advocate, contended tha
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding or interfering with the investigation, especially when custodial interrogation is not....
Anticipatory Bail – Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to peculiar ....
The court established that anticipatory bail can be granted when there is insufficient evidence to justify custodial interrogation, reinforcing the protection of personal liberty under Article 21.
Anticipatory bail can be granted when the applicant demonstrates that they are not a flight risk and that custodial interrogation is unnecessary, in line with the protection of personal liberty under....
The court established that anticipatory bail can be granted based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of flight or tampering with evidence, reinforcing the principle of personal liberty.
The court underscored the significance of personal liberty and adherence to legal procedures in the context of anticipatory bail applications.
The court established that anticipatory bail can be granted when the applicant demonstrates no flight risk and when custodial interrogation is not warranted, reinforcing the protection of personal li....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.