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ALOK KUMAR VERMA
Sant Ram Tomar – 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, 466, 467, 468, 471, section 120 B of the Indian Penal Code, 1860 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 43 of 2019, registered at police station Bhimtal, District Nainital.
2. Sub-Inspector Dan Singh Mehta was a member of the Special Investigation Team. The said Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No.33 of 2019. He enquired the matter and after completion of the enquiry, he lodged a First Information Report on 27.09.2019. Upon conclusion of the investigation, chargesheet was filed.
3. Heard Mr. Rajat Mittal, learned counsel for applicants and Mr. V.K. Gemini, learned Deputy Advocate General for State.
4. Mr. Rajat Mittal, Advocate, contended that the applicants have been implicated in the present matter. They are not named in the First Information Report. They did not receive any scholarship amount from any person. They are not beneficiary. They are not convicted in any case. They
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 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 the applicant demonstrates no flight risk and when custodial interrogation is not warranted, reinforcing the protection of personal li....
Anticipatory bail can be granted when the applicant demonstrates no risk of absconding or tampering with evidence, and personal liberty is a paramount consideration.
The court established that anticipatory bail can be granted when personal liberty is at risk and no evidence warrants custodial interrogation.
Anticipatory bail can be granted when personal liberty is at stake, and the applicant poses no flight risk or threat to the investigation.
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 stake, provided the accused are willing to cooperate with the investigation.
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.
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.
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