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ALOK KUMAR VERMA
Kapil Garg – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
This is the Third Application, filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the First Information Report No.41 of 2020, registered at police station SIDCUL, District Haridwar.
2. The First Anticipatory Bail Application was dismissed as withdrawn on 27.02.2020. The Second Anticipatory Bail Application was dismissed as withdrawn on 08.11.2021 granting liberty to file Anticipatory Bail Application before the Sessions Judge, Haridwar.
3. The Sessions Judge has rejected the Anticipatory Bail Application on 27.04.2022.
4. The case of the prosecution is that a Special Investigation Team was constituted in the scholarship scam matter. Mr. Kamal Kumar Lunthi, the Inspector, was a member of the said Special Investigation Team. The matter was inquired by him. After inquiry, he lodged an FIR on 03.02.2020 against BLS Institute of Management and co-accused.
5. Heard Mr. Aditya Pratap Singh, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for the State.
6. Mr. Aditya Pratap Singh, Advocate argued tha
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding and when personal liberty is at stake, especially in cases where custodial interrogat....
Anticipatory bail can be granted when the applicant demonstrates no direct involvement in the alleged crime, especially when personal liberty is at stake and the charge-sheet has been filed.
The court established that anticipatory bail can be granted when personal liberty is at stake, provided the accused are willing to cooperate with the investigation.
Anticipatory bail can be granted when the applicants demonstrate no risk of absconding or tampering with evidence, and when custodial interrogation is not deemed necessary.
Anticipatory bail can be granted when the applicant demonstrates no risk of absconding or tampering with evidence, and personal liberty is a paramount consideration.
The court established that anticipatory bail can be granted when personal liberty is at stake and no custodial interrogation is necessary.
Anticipatory bail can be granted when personal liberty is at stake, and the applicant poses no flight risk or threat to the investigation.
The court established that anticipatory bail can be granted when personal liberty is at stake, especially in the absence of strong evidence or objections from the prosecution.
The court established that anticipatory bail can be granted when the applicant demonstrates compliance with legal obligations and poses no risk of absconding or tampering with evidence.
The court established that anticipatory bail can be granted when the accused demonstrate no flight risk and when the nature of the evidence does not necessitate custodial interrogation.
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