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2022 Supreme(P&H) 279

ANOOP CHITKARA
Manoj – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Ram Pal Verma, Advocate, for the Appellant; Mr. Manish Bansal, DAG, Haryana, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

157

06.04.2021

Sadar Sonepat, Distt.

Sonepat

379-B, 201, 34 IPC and Section 25/54/59 of Arms Act (Section 201 IPC added later on)

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 12 of the bail petition, the accused declares that he has no criminal antecedents.

3. On 06.04.2021, two motorcycle borne young persons, way laid the complainant, by showing him knife, snatched his mobile and wallet which had around Rs.15,000/- apart from id cards.

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 and states that 20 witnesses already stand examined.

REASONING:

6. The petitioner claims to be in custody since 13-04-2021. Given the nature of allegations, the amount involved viz-a-viz pre-trial custody of more than one year and four months, coupled with the other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarc

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