RAVINDRA MAITHANI
Prem Gangwar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Applicant Prem Gangwar is in judicial custody in FIR No.182 of 2023, under Sections 147, 148, 149, 307, 504 and 506 IPC, Police Station Kichha, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is the second bail application of the applicant. The first bail application has already been rejected on merits on 01.12.2023.
4. According to the FIR, on 23.05.2023, the applicant Prem Gangwar along with the co-accused attacked the informant and her family members. There has been specific role assigned in the FIR that the applicant attacked Naresh with the help of Daanv (an iron rod with sharp edged ends), due to which, he sustained grievous injuries. In fact, on 01.12.2023, bail applications of the applicants Om Prakash and Pawan Kumar have been allowed by this Court.
5. Learned counsel for the applicant would submit that the bail application of applicant Prem Gangwar was rejected on the ground that he is the author of the injury sustained by Naresh. But, it is argued that one of the co-accused, who is Child-in-Conflict with law, had undergone Inquiry No.177 of 2024 before the J
The main legal point established in the judgment is the application of the principle of presumption of innocence and the right to life and liberty in granting bail to the accused.
The court established that changed circumstances and lack of evidence of threats can justify the granting of bail, even after previous cancellations.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
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