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2022 Supreme(P&H) 97

ANOOP CHITKARA
Kamaljit Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Rajiv Joshi, Advocate
For the Respondent: Mr. V.G. Jauhar, Sr. DAG

JUDGMENT :

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

159

17.12.2021

Bhogpur, Jalandhar

324/34 IPC (later on Section 323 & 325 IPC added and as per DDR No.35 dated 22.12.2021 the offence under Section 326 was added)

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 14 of the petition, it is declared that the accused has no criminal history.

3. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. On instructions from the concerned police official, learned State counsel opposed the bail.

REASONING:

5. The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a primafacie perusal of paragraphs 3 & 4 of the bail petition needs consideration for bail.

6. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para

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