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Personal liberty is a very valuable fundamental right and should only be restricted when necessary under the circumstances of the case: Uttarakhand High Court

Personal liberty is a very valuable fundamental right and should only be restricted when necessary under the circumstances of the case is upheld by the Uttarakhand High Court in the case of Amreen v. State of Uttarakhand through Justice Alok Kumar Verma.

FACTS OF THE CASE

In the instant case, a bail plea for ordinary bail in connection with offences punishable under Sections 302 and 120B of the Penal Code, 1860, was filed.

The deceased’s father allegedly filed a police report alleging that his daughter had a relationship with co-defendant Shadab. Her husband used to beat her and demand dowry.

On November 16, 2018, while his daughter was visiting, his wife’s husband arrived, made dinner, purchased some meal from the market, and then added poison to her meal. The next morning, his wife’s body was discovered.

The applicant’s attorneys, claimed that the applicant was innocent and that she was the accused’s sister. She was just over 18 years old, had been detained since January 7, 2019, and six witnesses had been questioned. Her name was not on the prosecution’s list of witnesses, and the co-accused in the FIR had already been granted bail by this High Court.

JUDGEMENT

The Siddharam Satlingappa Mhetre v. State of Maharashtra, 2011decision, which held that personal liberty is a very valuable fundamental right and should only be restricted when necessary under the circumstances of the case, was cited by the court in support of its decision to grant bail.

Accordingly, the bail plea was approved by the Court.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

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