ALOK KUMAR VERMA
Jagmohan Singh Kafola – 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, 120 B of the Indian Penal Code, 1860, Section 7 A, Section 8 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 40 of 2020, registered at police station I.T.I., 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. Inspector G.B. Joshi was a member of the said Team. He enquired the matter. After conducting the enquiry, he lodged the First Information Report on 29.01.2020. After completion of the Investigation, a charge-sheet was filed against the present applicant and co-accused persons.
3. Heard Mr. Amar Murti Shukla, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.
4. Opposing the Anticipatory Bail Application, Mr. M.K. Chand, A.G.A., submitted that the present applicant was the District Social Welfare Officer, Udham Singh Nagar. It was the duty of the applicant to disburse th
The court established that anticipatory bail can be granted when personal liberty is at risk and no evidence warrants 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.
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 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.
The court established that anticipatory bail can be granted when personal liberty is at stake and no custodial interrogation is necessary.
Anticipatory bail can be granted when personal liberty is at stake, and the applicant poses no flight risk or threat to the investigation.
Anticipatory bail can be granted when the applicant demonstrates no risk of absconding or tampering with evidence, and personal liberty is a paramount consideration.
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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