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ALOK KUMAR VERMA
Angrej Singh alias Rinku – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. This is the Third Bail Application.
2. The First Bail Application (No. 1213 of 2019) was rejected on 27.05.2020. The Second Bail Application (No. 212 of 2022) was dismissed on 27.09.2022 as withdrawn granting liberty to the applicant to file a fresh bail application in accordance with law.
3. The present applicant is in judicial custody under Sections 302, 307 read with Section 34 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 153 of 2018, registered at police station Kichha, District Udham Singh Nagar.
4. The case of the prosecution is that on 03.05.2018 at 23:45 hrs, an FIR was lodged by Mohd. Khalid, the informant, against five named and some unknown persons, alleging therein that the informant, his brother Sameer and the co-accused Arif were doing the business of property in partnership in which the co-accused Arif grabbed Rs.40,00,000/- (Rupees Forty Lakh) and on being demanded the said money, the co-accused Arif and his companions threatened for dire consequences. On 23.04.2018 at about 6:00 p.m., the co-accused asked the informant and his brother Sameer to leave Transport Nagar otherwise they will die since
The court established that the presumption of innocence and lack of compelling evidence can warrant the granting of bail even in serious criminal cases.
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.
Bail is the rule and committal to jail is an exception, meant to secure the attendance of the accused, not as punishment.
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.
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 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 person in detention during the trial is to secure their attendance, not punishment.
The court established that bail can be granted even in serious cases if the applicant demonstrates a lack of direct involvement and if there are no substantial grounds for continued detention.
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