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ANOOP CHITKARA
Ram Niwas – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
51 | 08.02.2022 | Uchana, District Jind | 147, 149, 186, 189, 307, 332, 353, 204 and 506 IP and Sections 3(1(r) ,3(1)(s), 3(2), (va) of Scheduled Casts and Scheduled Tribes (Prevention of Atrocities Act, 1989) (Amendment 2015) |
1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.
3. The petitioner allegedly gave beatings to the Investigating Officer, caught him from his neck, torn his uniform, and disgraced him by addressing from the caste based derogatory words. His accomplices hit him on the head and all intimidated him with dire consequences.
4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
5. Ld. counsel representing the State opposes bail.
REASONING:
6. The petitioner was arrested on 15-02-2022. Given the nature of allegations, and injuries attributed to the petitioner, viz-a-viz pre-trial custody of more than six months,
The main legal point established in the judgment is that the grant of bail is subject to a judicious and compassionate exercise of discretion, taking into account the nature of allegations, the accus....
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, imposing stringent conditions to prevent interference with the investigation and wi....
The court emphasized the need for bail conditions to be proportional to their purpose and to balance the liberty of the accused with the necessity of a fair trial.
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
The grant of bail is entirely within the discretion of the judge and must be exercised judiciously, compassionately, and in a humane manner.
The main legal point established in the judgment is the discretion of the judge in granting bail, the need for a prima facie case, and the imposition of restrictive conditions to prevent interference....
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