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ALOK KUMAR VERMA
Chhabil Singh and Sher 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 in connection with the Case Crime No.50 of 2020, registered at police station Khanpur, District Haridwar.
2. As per the First Information Report, 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. He enquired the matter and lodged an FIR on 15.03.2020 against Roorkee Business School.
3. Heard Mr. Aditya Pratap Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned AGA for the State.
4. Mr. Pratiroop Pandey, Advocate, submitted that a charge-sheet has been filed against the present applicants – accused under Section 420 and Section 409 of the Indian Penal Code, 1860.
5. Mr. Aditya Pratap Singh, Advocate, for the applicants contended that the Roorkee Business School was run by a Society, namely, “Chaudhary Nasseb Singh Jabar Singh Educational Welfare Society”. Applicant no.1 Chhabil Singh was the president of the Society and the applicant no.2 Sher Singh was the Secretary of the said Society. They
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.
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.
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....
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.
Anticipatory bail can only be granted in exceptional circumstances, and absconders are generally ineligible for anticipatory bail.
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 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.
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