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ANOOP CHITKARA
Ravinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
186 | 14.07.2022 | Jandiala, Amritsar Rural | 324, 452, 506, 148, 149, 120-B 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 the bail application, the petitioner is silent about criminal antecedents. Let his disclose all his criminal antecedents to the Investigator.
3. The complainant received injuries in a scuffle.
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. There are cross-cases with contradictory versions. On prima facie 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 4
The main legal point established is the need to balance individual freedom with the right of police investigation when granting anticipatory bail, as guided by relevant legal provisions.
The judgment establishes the principle of balancing personal freedom and the right of police investigation, and emphasizes the imposition of stringent conditions to ensure uninterrupted and unhampere....
The main legal point established in the judgment is the balancing of individual's right to personal freedom with the right of police investigation, and the imposition of stringent conditions to ensur....
The main legal point established in the judgment is the court's duty to balance individual freedom and police investigation rights when granting anticipatory bail, imposing stringent conditions to en....
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 discretion of the judge in granting bail and the imposition of stringent conditions to ensure compliance and the safety of witnesses and victims.
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....
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The court has the discretion to grant bail with stringent conditions, taking into account the accused's background and the principles laid down in relevant case laws.
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