JUDGMENT :

Anoop Chitkara, J.

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 9 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 ASI Gurmail Singh, learned State counsel opposes the bail on merits.

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 paragraph 9 of the bail petition needs 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 bail decision must enter the cumulative effect of