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ALOK KUMAR VERMA
Ashish Malik – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
These four Bail Applications have been filed for grant of regular bail in connection with Case Crime No.104 of 2023, registered at police station Gangnahar, District Haridwar. Applicants are in judicial custody under Sections 419, 420, 452, 467, 468, 471 and Section 34 of the Indian Penal Code, 1860.
2. These four Bail Applications have arisen from one case crime number i.e. Case Crime No.104 of 2023. Therefore, these four bail applications are being considered and decided by this common order. Record of First Bail Application No.1320 of 2023 will be leading file.
3. The case of the prosecution is that on 08.02.2023, five unknown persons went to the house of the informant. They introduced themselves as Income Tax Officers. They searched his house. Informant had kept Rs.20,00,000/-(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. Applicant-Dheeraj along with Salman Alias Samar were arrested on 22.02.2023. At that time, a sum of Rs.1,50,000/- was recovered from the possession of applicant Dheeraj and a sum of Rs.1,00,000/- and a c
Bail is the rule and committal to jail is an exception, meant to secure the attendance of the accused, not as punishment.
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 an individual cannot be detained without substantial evidence, and the right to bail is fundamental when the evidence against the accused is weak or non-existent.
The court established that the presumption of innocence and lack of compelling evidence can warrant the granting of bail even in serious criminal cases.
Point of Law : Grant of Bail – Offence of theft – Applicant not arrest on spot - object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly t....
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.
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....
The main legal principle established is that 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 att....
The main legal point established is the grant of anticipatory bail based on the lack of criminal history, willingness to cooperate with the investigation, and the specific conditions imposed by the c....
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....
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