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2022 Supreme(P&H) 308

ANOOP CHITKARA
Surinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Anuj Thakur, Advocate, for the Appellant; Mr. Dhruv Dayal, Sr. DAG, Punjab. Mr. Piyush Khanna, Advocate, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

142

10.12.2021

Chabbewal, District Hoshiarpur

323, 324/34 IPC and later on added Sections 325, 326 IPC vide DDR No.26 dated 5.6.2022 and Section 307 IPC vide DDR No.31 dated 8.7.2022

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 8 of the bail application, the accused declares the following criminal antecedents:

Sr. No.

FIR No.

Date

Offences

Police Station

1.

59

15.5.2021

323, 354, 506, 34 IPC

Chabbwal, District Hoshiarpur

3. The allegations are scuffle between two groups, leading to assaults and injuries.

4. 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.

5. While opposing the bail, Ld. counsel representing the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.

REASONING:

6. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble Supreme Court holds,

      [10] It is not in dispute and highlighted that th

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