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ALOK KUMAR VERMA
Sukhnandan – 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 under Section 302 read with Section 34 of the Indian Penal Code, 1860 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. Heard Mr. Lalit Sharma, learned counsel with Mr. Vikas Anand and Ms. Anmol Sandhu, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.
3. Opposing the bail application, Mr. Pramod Tiwari, learned counsel for the State, submits that 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., Sukh Pal (co-accused), who was standing in the middle of the road near Valmiki Temple, was asked to move out of the way. Then Sukh Pal (co-accused) 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 wen
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 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.
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.
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 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 court established that personal liberty is paramount, and bail should be granted unless there are compelling reasons to deny it.
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....
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....
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