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, 120B 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.40 of 2020 (Special Sessions Trial No.02 of 2023), 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 No.33 of 2019. Mr. G.B. Joshi, the Inspector, was appointed as a member of the said Team. He conducted enquiry. After completing the enquiry, he lodged an FIR on 29.01.2020. After completion of the investigation, a charge-sheet was filed by the Investigating Officer against the present applicant and the co-accused persons.
3. Heard Mr. Navneet Kaushik, learned counsel for the applicant and Mr. Sandeep Sharma, learned Brief Holder for the State.
4. Mr. Navneet Kaushik, Advocate, submitted that the applicant, who was posted as Personal Assistant in the Office of District Social Welfare Officer, Rudrapur, D
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 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.
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 personal liberty is at stake, provided the accused are willing to cooperate with the investigation.
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.
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 personal liberty is at stake, especially when the applicant is not a flight risk and the evidence does not necessitate custodial inter....
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 and no custodial interrogation is necessary.
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