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RANJAN SHARMA
Suresh Kumar Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner [Suresh Kumar Sharma], has come up before this Court, seeking pre-arrest bail, under Section 438 of the Code of Criminal Procedure hereinafter (referred to as CrPC). originating from the FIR No. 50 of 2024 dated 12.02.2024, registered at Police Station Sadar Una, District Una [H.P.], under Section 341, 354-A, 354-D, 506-(II) of the Indian Penal Code and under Section 25, 54, 59 of the Arms Act.
FACTUAL MATRIX
2. Case set up by Mr. Lakshay Parihar, Learned counsel is that the bail petitioner is the owner of a shop, which is rented out on tenancy. In order to ensure the proper up-keep of the aforesaid premises, the bail petitioner started work of installing CCTV cameras on the said premises. The aforesaid installation was objected to by the complainant [X], who threatened the bail petitioner with dire consequences. As a result of this, the bail petitioner submitted an application to Deputy Superintendent of Police, Una on 09.02.2024. It is further averred that the present FIR dated 12.02.2024 is an outcome of revengeful attitude and just to implicate the petitioner falsely.
2(i). The bail petitioner is stated to have moved a bail application be
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Anticipatory bail is an exceptional relief to be granted sparingly, considering the nature of the accusations and the balance between individual liberty and societal interests.
The main legal point established is that anticipatory bail is to be granted in exceptional cases where the accusation is frivolous or groundless, and the court must consider the nature of the accusat....
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Bail denied in murder case due to criminal antecedents including proclaimed offender status and conviction, eyewitness assault evidence, blood findings, offence gravity, and absconding risk; arrest g....
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