ALOK KUMAR VERMA
Naveen Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. 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 and Section 120 B of the Indian Penal Code, 1860 in connection with the First Information Report No. 404 of 2020, 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 matter was enquired by Mr. Bheem Bhaskar Arya, the Inspector. After enquiry, Mr. Bheem Bhaskar Arya, a member of the said Team, lodged the First Information Report on 28.11.2020.
3. Heard Ms. Priyanka Agarwal, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.
4. Ms. Priyanka Agarwal, Advocate, contended that the applicant, who has been shown as a middleman, has been implicated in the present matter. He has not received any amount of scholarship. Charge-sheet has already been filed. Applicant was not arrested during the investigation. Therefore, custodial interrogation is not needed. Applicant does not have any criminal antecedents. He is a permane
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.
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....
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.
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 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 risk and no evidence warrants 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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