Back
ALOK KUMAR VERMA
Shakeel – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.969 of 2022, registered at police station Laksar, District Haridwar.
2. Applicant is in judicial custody under Sections 398, 352, 452, 511 and Section 120B of the Indian Penal Code, 1860.
3. As per the First Information Report dated 07.10.2022, on 06.10.2022 at around 08:00 p.m., the informant’s daughter-in-law was going inside her house when 5 - 6 masked miscreants with weapons tried to enter her house. She quickly closed the door from inside.
4. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Sandeep Sharma, learned Brief Holder for the State.
5. Mr. Gaurav Singh, Advocate, for the applicant has contended that the applicant has been falsely implicated in the present matter. He is not named in the First Information Report. He was not present at the spot. Nothing was recovered from his possession. Test Identification Parade has not been conducted. Charge-sheet has already been filed. Application is a permanent resident of District Meerut, therefore, there is no possibility o
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 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.
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.
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.
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 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....
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....
Bail is the rule and committal to jail is an exception, meant to secure the attendance of the accused, not as punishment.
Bail is the rule and the committal to jail is an exception. The purpose of keeping the accused person in detention during the trial is to secure their attendance, not punishment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
