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ALOK KUMAR VERMA
Praveen Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
Present Second Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 132 of 2017, registered at police station Doiwala, District Dehradun.
2. Applicant is in judicial custody for the offence under Sections 302, 307, 379 and Section 411 of the Indian Penal Code, 1860.
3. The First Bail Application (Bail Application No.1528 of 2017) was rejected on 26.06.2019.
4. The case of the prosecution is that the informant parked his tractor, bearing Registration No.UK14-6663, on 10.05.2017 at Dharmuchak Kanta and slept with his laborers. At around 12:30 in the night, they heard the sound of the tractor starting. They observed that the said tractor was being taken by the present applicant. He was chased by the laborers, upon which the present applicant crushed the laborers named Vijay Kumar and Ramshesh. Both the injured were sent to the hospital through 108 Ambulance. During the investigation, injured Vijay Kumar had died.
5. Heard Mr. Ankur Sharma, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.
6. Mr. Ankur Sharma, Advocate,
Bail is rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution of India.
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.
Bail is rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution.
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
The main legal point established is that 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, no....
The court established that an individual cannot be detained without substantial evidence, and the right to bail is fundamental when the evidence against the accused is weak or non-existent.
The main legal principle established is that 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 att....
The court established that bail can be granted even in serious cases if the applicant demonstrates a lack of direct involvement and if there are no substantial grounds for continued detention.
The court has the discretion to grant bail based on the circumstances of the case, including the applicant's innocence, residency, and criminal history, without expressing an opinion on the merit of ....
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