ALOK KUMAR VERMA
Digvijay Singh – 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, 466, 467, 468, 471, 120B of the Indian Penal Code, 1860, Section 7 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.408 of 2020 (Special Sessions Trial No.43 of 2023), registered at police station Jaspur, District Udham Singh Nagar.
2. A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No.33 of 2019. The Inspector, Mr. Bheem Bhaskar Arya, was a member of the said Team. He enquired the matter. After enquiry, he lodged the First Information Report. The First Information Report was registered on 28.11.2020.
3. Heard Mr. B.D. Pande, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.
4. Mr. Rakesh Negi, Brief Holder for the State opposed the Anticipatory Bail Application and submitted that the applicant was a middleman.
5. Mr. B.D. Pande, Advocate, contended that the applicant has been falsely implicated in the present matter. He never forged any documents of
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....
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 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 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 based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
The court underscored the significance of personal liberty and adherence to legal procedures in the context of anticipatory bail applications.
Anticipatory bail can be granted when personal liberty is at stake, provided the applicant meets specific conditions and there is no necessity for custodial interrogation.
The court established that anticipatory bail can be granted when personal liberty is at stake and custodial interrogation is not warranted.
Anticipatory bail can be granted when the applicant is not a flight risk, has complied with their duties, and the evidence does not necessitate custodial interrogation.
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.
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