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ALOK KUMAR VERMA
Mahipal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
The First Anticipatory Bail Application (ABA No.326 of 2024) was filed by the applicant seeking Anticipatory Bail under Section 7A and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.25 of 2020, registered at police station Kunda, District Udham Singh Nagar, whereas the cognizance has also been taken against the applicant under Sections 409, 420, 466, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. Therefore, on the request of the applicant, the First Anticipatory Bail Application (ABA No.326 of 2024) was dismissed on 18.04.2024, granting him the liberty to file a fresh Anticipatory Bail Application in accordance with law.
2. The present Anticipatory Bail Application has been filed for grant of Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471, Section 120B of the Indian Penal Code, 1860, Section 7A and Section 8 of the Prevention of Corruption Act, 1988.
3. The case of the prosecution is that in the scholarship scam matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Mr. Bhim Bhaskar
Anticipatory bail can be granted when personal liberty is at stake, and the applicant poses no flight risk or threat to the investigation.
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 grant of anticipatory bail should be based on the prima facie case against the accused, the nature of the offence, and the lack of established special circumstances.
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.
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 there is insufficient evidence to justify custodial interrogation, reinforcing the protection of personal liberty under Article 21.
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 personal liberty is at stake and no custodial interrogation is necessary.
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