ALOK KUMAR VERMA
Ashwani Kumar Kamboj – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
Present Application has been 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.404 of 2019 (Criminal Case No.2571 of 2020), registered at police station SIDCUL, District Haridwar.
2. Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.
3. Mr. Lalit Sharma, Advocate, contended that the institute-in-question, namely, “Swami Vivekanand Polytechnic College” Manduwala, Fatehpur, District Saharanpur (Uttar Pradesh) was being run by the trust “Swami Vivekanand Educational Trust”. Applicant was one of the trustee and Chairman of the said trust. As per the fee structure approved by the Government, the tuition fee of every student was Rs.28,000/- per year and the scholarship amount was Rs.3300/- per year. Subsequently, the scholarship structure was reduced to Rs.2300/- per year from Rs.3300/- per year. The said scholarship amount was received by the concerned students. Applicant was granted Interim Relief in a petition, filed under Arti
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 the absence of custodial interro....
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 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 and no custodial interrogation is necessary.
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 personal liberty is at stake, especially in the absence of strong evidence or objections from the prosecution.
Anticipatory bail can be granted when applicants demonstrate cooperation with the investigation and no risk of tampering with evidence.
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 risk and no evidence warrants 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.
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