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ALOK KUMAR VERMA
Akhil Bansal – 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 Section 420 & Section 409 of the Indian Penal Code, 1860 in connection with the Case Crime No.55 of 2020 (Criminal Case No.253 of 2021), registered at police station Bhagwanpur, District Haridwar.
2. Vide letter dated 17.04.2018 of the Home Department of the State of Uttarakhand, a Special Investigation Team was constituted. Sub-Inspector Rajendra Singh Kholiya was a member of the said Special Investigation Team. He enquired the matter and after enquiry, he lodged an FIR against Hannu Pvt. ITI on 03.02.2020. Upon conclusion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons.
3. Heard Mr. Ajay Veer Pundir, learned counsel for the applicant (through video conferencing) and Mr. Pratiroop Pandey, learned A.G.A. for the State.
4. Despite getting sufficient opportunity to file objection to the Anticipatory Bail Application, objection has not been filed by the State. Mr. Pratiroop Pandey, A.G.A. appearing for the State has opposed the Anticipatory Bail Application orally.
5. Mr. Ajay Vee
The court established that anticipatory bail can be granted when personal liberty is at stake and no custodial interrogation is necessary.
The court established that anticipatory bail can be granted when personal liberty is at stake and custodial interrogation is not warranted.
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.
Anticipatory bail can be granted when applicants demonstrate cooperation with the investigation and no risk of tampering with evidence.
The court established that anticipatory bail can be granted when personal liberty is at stake, provided the accused are willing to cooperate with the investigation.
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.
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding and when personal liberty is at stake, especially in the absence of custodial interro....
The court established that anticipatory bail can be granted when the applicant demonstrates compliance with legal obligations and poses no risk of absconding or tampering with evidence.
Anticipatory bail can be granted when the applicants demonstrate no risk of absconding or tampering with evidence, and when custodial interrogation is not deemed necessary.
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