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ALOK KUMAR VERMA
Subham Bhatt – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 138 of 2023, registered at police station Patel Nagar, District Dehradun.
2. Present Applicant is in judicial custody under Section 304 and Section 504 of the Indian Penal Code, 1860.
3. The case of the prosecution is that the brother of the informant was addicted to drugs. He was admitted to the Drug De-Addiction Center, Dehradun. The present applicant was the owner of the said Center. The informant received a phone call from the owner of the said Center on 20.03.2023 at 8:00 o’ clock. He informed him that his brother had died. He reached the said Center and found that all the data of CCTVs of the Center were deleted. Inquest proceedings and post-mortem examination of the dead body of the deceased were conducted. As per the post-mortem report, the cause of death could not be ascertained, therefore, viscera was preserved. After conclusion of the investigation, a charge-sheet was filed.
4. Opposing the bail application, Mr. M.K. Chand, learned A.G.A. submitted that CCTV was installed at the place of th
The presumption of innocence until proven guilty and the principle that bail is the rule and committal to jail is an exception were central to the court's decision.
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused person in detention during the trial is to secure their attendance, not punishment.
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, not punishment.
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, not punishment.
The main legal point established in the judgment is that bail is the rule and committal to jail is an exception, and the decision to grant bail is influenced by the evidence, including the lack of co....
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, not punishment.
The court established that the presumption of innocence and lack of compelling evidence can warrant the granting of bail even in serious criminal cases.
The court established that bail in serious offenses must consider all relevant evidence, and failure to do so can lead to cancellation of the bail order.
The court established that bail can be granted even in serious cases if the applicant demonstrates a lack of direct involvement and if there are no substantial grounds for continued detention.
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