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2022 Supreme(P&H) 305

ANOOP CHITKARA
Dhuni Ram @ Dhani Ram – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. D.S. Matya, Advocate, for the Appellant; Mr. Rajat Gautam, DAG, Haryana., for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

125

4.6.2022

DLF Phase-1, Gurugram, District Gurugram

420, 467, 468, 471, 120-B 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. In paragraph 29 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations against the petitioner are of fabricating the documents.

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. Ld. counsel representing the State opposes bail.

REASONING:

6. The agreement to sell pertains to year 2007. Given the nature of allegations and the penal provisions imposed and the sentence provided by the Legislature, the nature of allegations coupled with the fact that the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a prima facie perusal of paragraphs 4 to 13 of the bail petition needs consideration for bail.

7. In Gurbaksh Singh Sibbia v State of

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