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2022 Supreme(P&H) 29

ANOOP CHITKARA
Dharampal – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjiv Sheoran, Advocate
For the Respondent:Mr. Rajat Gautam, DAG, Ms. Jaspreet Kaur, Advocate

JUDGMENT :

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

0325

29.10.2021

Siwani, District Bhiwani

34, 420, 467 & 471 IPC

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

2. Paragraph 7 of the bail petition declares that the petitioner has no criminal history.

3. Learned 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. Learned counsel for the petitioner further contends that the petitioners are ready and willing to return the amount i.e. Rs. 1.5 lacs, within two months from today.

4. Learned counsel for the State opposed the bail on merits.

REASONING:

5. A primafacie perusal of Para 6 of the bail petition makes out a case for interim 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 eff

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