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2022 Supreme(P&H) 247

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


Advocates Appeared:
Mr. H.S. Dhandi, Advocate, for the Appellant; Mr. Dhruv Dayal, Sr. DAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

150

21.12.2021

Sadar Rajpura, District Patiala

323, 341, 452, 148, 149 and 506 IPC

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

2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations are of assault, criminal restrain, house trespass, and criminal intimidation.

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. On primafacie analysis of the nature of allegations, injuries inflicted by the petitioner, and other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage. Furthermore, the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course- correct. Even a primafacie perusal of paragraph 5 of the bail petition needs consideration for ba

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