SATYEN VAIDYA
Parvinder Singh Kittna – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
The petitioner has prayed for grant of pre arrest bail in case FIR No. 181/2022, dated 15.08.2022, under Sections 451, 341, 147, 149, 506 IPC registered at Police Station Haroli, District Una, H.P. Petitioner was admitted on interim bail on 30.09.2022 and thereafter he has joined investigation.
2. The allegations against the petitioner are that on 14.08.2022 at around 1.30 noon, petitioner along with seven other unknown persons formed an unlawful assembly and entered into the official complex and mining area of stone crusher of the complainant Shri Rakesh Chander. It is also alleged that the petitioner demanded extortion amount of Rs. Two Lacs per month for allowing the complainant to operate his crusher. It is further alleged that the petitioner and his accomplices had shot videos of the crusher and office through mobile phones without authority and permission.
3. In the status report filed by respondents, though it is submitted that the petitioner has joined investigation after having been admitted to interim bail by this Court, but is alleged to have not disclosed the names of his accomplices and is further accused of not handing over his mobile phone.
4.
Pre-trial incarceration is not rule.
Pre-trial incarceration is not rule. No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period.
The court considered the petitioner's prolonged detention and the likelihood of a lengthy trial with numerous prosecution witnesses in granting regular bail despite specific allegations of extortion.
A second anticipatory bail petition is maintainable in law but requires a demonstration of a substantial change in circumstances to succeed; custodial interrogation remains essential when the accused....
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