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ALOK KUMAR VERMA
Prabhjot Singh alias Prabhjeet Singh alias Pannu – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
The present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for regular bail in connection with the First Information Report No. 631 of 2022, registered at police station Kashipur, District Udham Singh Nagar.
2. The applicant is in judicial custody under Section 302 and Section 120B of the Indian Penal Code, 1860.
3. The case of the prosecution is that the informant’s uncle Mahal Singh was reading a newspaper at his house on 13.10.2022. Two unknown persons came on a motorcycle at around 8:30 a.m. and fired, due to which, Mahal Singh died on the spot. 6-7 days before this incident, Mahal Singh received a phone call from Harjeet Singh, the co-accused, from Canada. He was demanding money from Mahal Singh. Harjeet Singh had threatened to kill him for not giving money. First Information Report was registered on 13.10.2022 at 23:09 hrs against Harjeet Singh.
4. Charge-sheet has been filed by the Investigating Officer against the present applicant and co-accused before the concerned court.
5. Heard Mr. S.R.S. Gill, learned counsel for the applicant, Mr. Rakesh Negi, learned Brief Holder for the State and Mr. Arvind
The court established that personal liberty is paramount, and bail should be granted unless there are compelling reasons to deny it.
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 the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure attendance, not punishment.
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.
Prima facie evidence and limitations of hearsay evidence in bail decisions.
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