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ALOK KUMAR VERMA
Narender Sharma – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
The present Application has been filed for regular bail in connection with the First Information Report No. 138 of 2018, registered at police station Jaspur, District Udham Singh Nagar.
2. The applicant- Narender Sharma is in judicial custody for the offence under Sections 302, 307, 120B and Section 34 of the Indian Penal Code, 1860.
3. The case of the respondent is that on 25.05.2018, the informant Smt. Bhajan Kaur was present in her house with her husband Daya Singh, daughter-in-law Charanjeet Kaur, brother of her daughter-in-law Devendra Singh alias Labba, his wife Babbi and his son Happy. At around 11:00 a.m., two persons entered her house and pointed a country made pistol at her chest. They fired at her husband Daya Singh, aged about 63 years, due to which he died. Devendra Singh alias Labba was also shot, due to which, he received injuries. After inquest proceedings, post-mortem examination and last rites of the deceased, the First Information Report was lodged on 25.05.2018 at 20:30 hrs. The First Information Report was registered against the two unknown persons.
4. The deceased had two sons. One is Jagtar Singh alias Jagga and the
Judicial custody without direct evidence or naming in FIR is insufficient for bail denial; co-accused receiving bail influences decision.
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 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.
The court established that personal liberty is paramount, and bail should be granted unless there are compelling reasons to deny it.
Prima facie evidence at the bail stage can indicate the involvement of the accused in the crime, leading to the rejection of bail applications.
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.
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