JUDGMENT :

Anoop Chitkara, J.

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

2. In paragraph 19 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. The contention on behalf of the State on instructions received from ASI Balwinder Singh is that recoveries are yet to be effected

REASONING:

5. The petitioner is a first offender and thus deserves an opportunity to coursecorrect. Even a prima facie perusal of paragraph 4.2 & 4.6 of the bail petition need consideration for bail.

6. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court held that the