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ALOK KUMAR VERMA
Inderjeet Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Alok Kumar Verma, J.) :
This Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 285 and Section 436 of the Indian Penal Code, 1860 in connection with the First Information Report No. 86 of 2022, registered at police station Kotwali Dehradun, District Dehradun.
2. As per the First Information Report dated 10.02.2022, on 06.01.2022, at around 4 a.m., with intention to cause death, the applicant put explosive substance in a bottle, set it on fire and threw it at the informant’s house.
3. The First Information Report was registered under Section 285 of the Indian Penal Code, 1860. Section 436 of the Indian Penal Code, 1860 was added during the course of the investigation.
4. Heard Mr. Piyush Garg, learned counsel for the applicant, Mr. Rakesh Negi, learned Brief Holder for the respondents and Ms. Poonam, learned counsel holding brief of Mr. Shailendra Nauriyal, learned counsel for the informant.
5. Mr. Piyush Garg, Advocate, contended that an Anticipatory Bail Application was filed by the applicant before the Sessions Judge, Dehradun. On 20.06.2022, interim protection was granted by the In-charge
The court underscored the significance of personal liberty and adherence to legal procedures in the context of anticipatory bail applications.
The court established that anticipatory bail can be granted based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
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....
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 – Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to peculiar ....
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....
The main legal point established is that the applicant's apprehension of arrest was valid, and the court emphasized the importance of considering applications for bail on merits, regardless of the ac....
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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