ALOK KUMAR VERMA
Dilsher 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 420, 465, 466, 468, 471, 474, 120 B, 34 of the Indian Penal Code, 1860, Section 8 and Section 9 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.32 of 2017 (Special Sessions Trial No.4 of 2020), registered at police station Pant Nagar, District Udham Singh Nagar.
2. Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. V.K. Gemini, learned Deputy Advocate General assisted by Mr. Sandeep Sharma, learned Brief Holder for State.
3. Learned counsel for State has opposed the Anticipatory Bail Application orally.
4. Mr. Lalit Sharma, Advocate, contended that the applicant, aged about 55 years, has been falsely implicated in the present matter. He was not arrested during the course of the investigation. He is not a previous convict. He is a permanent resident of District, Udham Singh Nagar, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant.
5. Mr. V.K. Gemini, learned D
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 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.
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.
The court established that anticipatory bail can be granted when personal liberty is at risk and no evidence warrants custodial interrogation.
Anticipatory Bail – Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to peculiar ....
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