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Supreme Court of India 2018-02-06 allowed

Dataram Singh vs State of Uttar Pradesh & Anr

Bench: 2 — Madan B. Lokur

In Brief

Dataram Singh was accused of cheating someone of over Rs. 37 lakhs and issuing a dishonored cheque under the Negotiable Instruments Act. Although serious allegations were made, he was not arrested during seven months of investigation. The trial and High Court courts denied him bail, but the Supreme Court allowed his appeal. The Court held that bail is the rule and detention is the exception. Since the investigating officer never arrested him, he cooperated with investigations, and the High Court had previously granted him time to appear voluntarily, these factors indicated no flight risk. The seriousness of allegations alone cannot override circumstantial evidence of reliability.

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Criminal Procedure Bail and Custody Presumption of Innocence Judicial Discretion Criminal Breach of Trust Cheating Negotiable Instruments

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