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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA
Kaleem – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. bail application relates to serious charges. (Para 1 , 2 , 3) |
| 2. details of alleged conspiracy and evidence. (Para 4 , 5 , 6) |
| 3. arguments for and against bail application. (Para 8 , 9) |
| 4. court's decision on bail application. (Para 10 , 11) |
| 5. conditions and consequences of bail. (Para 12 , 13) |
JUDGMENT :
Alok Kumar Verma, J.
This Application has been filed for regular bail in Case Crime No. 138 of 2018, registered at police station Jaspur, District Udham Singh Nagar.
2. The applicant-Kaleem is in judicial custody for the offence punishable under Sections 302 , 307 read with Section 34 and Section 120B of the Indian Penal Code, 1860.
3. The case of the respondent is that on 25.05.2018, the informant Smt. Bhajan Kaur was present in her house with her husband Daya Singh, daughter-in-law Charanjeet Kaur, brother of her daughter-in-law Devendra Singh alias Labba, his wife Babbi and his son Happy. At around 11:00 a.m., two persons entered her house and pointed a country made pistol at her chest. They fired at her husband Daya Singh, aged about 63 years, due to which he died. Devendra Singh alias Labba was also shot, due to which, he received injuries. After inquest proceedi
Judicial custody without direct evidence or naming in FIR is insufficient for bail denial; co-accused receiving bail influences decision.
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 person 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 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 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.
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