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ALOK KUMAR VERMA
Javed – 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.991 of 2022, registered at Kotwali Laksar, District Haridwar.
2. Present applicant is in judicial custody under Sections 307, 332, 333, 336, 353, 420, 398 and Section 120B of the Indian Penal Code, 1860.
3. The case of the prosecution is that the informant, Constable Surendra Sharma, was present with Constable Pancham Prakash in the area of his police station. They received an information that some unknown persons were roaming near Durga Mandir over bridge, Laksar. Three suspicious persons were seen at around 17:15 hrs. on 16.10.2022. An attempt was made to interrogate them. One of them opened fire at them. Meanwhile, two unknown persons reached the spot. Constable Pancham Prakash had received gunshot injury on his leg. All the said five persons managed to escape from the spot. The First Information Report was registered against the unknown persons. Upon conclusion of the investigation, a charge-sheet was filed.
4. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Sandeep Sharma, learne
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.
Bail is rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution.
The court established that an individual cannot be detained without substantial evidence, and the right to bail is fundamental when the evidence against the accused is weak or non-existent.
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 rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution of India.
The main legal principle established is that 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 att....
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.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
Bail is the rule and the committal to jail is an exception. The purpose of keeping the accused person in detention during the trial is to secure their attendance, not punishment.
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