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ALOK KUMAR VERMA
Devendra Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 467, 468, 471, 120 B of the Indian Penal Code, 1860, Section 7 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.256 of 2020 (Special Sessions Trial No.28 of 2024), registered at police station Jaspur, District Udham Singh Nagar.
2. The case of the prosecution is that 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 Arya, the Inspector, was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 26.07.2020 against the co-accused.
3. Heard Mr. Ankush Kumar Tyagi, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.
4. Opposing the Anticipatory Bail Application orally, learned counsel appearing for the State submitted that the applicant was running Common Service Centre and he was also the agent of Bank of Baroda. He opened the Bank Account (Bearing No.159088100001349) of the student – Ankit
Anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure when the applicant demonstrates a lack of flight risk and the necessity of protecting personal liberty, especially....
Anticipatory bail can be granted when the applicant is not a flight risk, has complied with their duties, and the evidence does not necessitate custodial interrogation.
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.
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 the applicant demonstrates no flight risk and when custodial interrogation is not warranted, reinforcing the protection of personal li....
Anticipatory bail can be granted when the applicant demonstrates that they are not a flight risk and that custodial interrogation is unnecessary, in line with the protection of personal liberty under....
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding or interfering with the investigation, especially when custodial interrogation is not....
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 custodial interrogation is not warranted.
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.
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