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ALOK KUMAR VERMA
Shivmurti – 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 420, 409, 466, 467, 468, 471, Section 120 B of the Indian Penal Code, 1860 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 60 of 2020 (Special Sessions Trial No.17 of 2023), registered at police station Khatima, District Udham Singh Nagar.
2. The First Anticipatory Bail Application (No. 212 of 2021) was dismissed as infructuous on 28.12.2021.
3. As per the prosecution’s case, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No.33 of 2019. Informant-N.N. Pant, the Inspector, was appointed as a member of the said Team. He conducted the enquiry, and, after conducting the enquiry, he lodged an FIR on 11.03.2020. After conclusion of the investigation, a charge-sheet was filed by the Investigating Officer against the present applicant and co-accused persons.
4. Heard Mr. Navneet Kaushik, learned counsel for applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the
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.
The court established that anticipatory bail can be granted when personal liberty is at risk and no evidence warrants custodial interrogation.
Personal liberty under Article 21 of the Constitution of India should be curtailed only when imperative according to the peculiar facts and circumstances of the case.
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 risk of absconding or interfering with the investigation, especially when custodial interrogation is not....
The court established that anticipatory bail can be granted when personal liberty is at stake, especially when the applicant is not a flight risk and the evidence does not necessitate custodial inter....
Grant of Bail - Scholarship misappropriation under fake admission documents - Entire case rests on the documentary evidence and entire documents are in possession of the Investigating Agency; the app....
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.
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.
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