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2022 Supreme(P&H) 152

ANOOP CHITKARA
Ahmadulla – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Mazlish Khan, Advocate, for the Appellant; Mr. Amit Aggarwal, DAG, Haryana., Mr. Deepak Grover, Advocate for the complainant, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

109

30.05.2018

Bahin, District Palwal (Haryana)

420, 467, 468, 471 and 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 paragraph 15 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations are claiming State's financial benefits to the extent of Rs. 1000/- per month for last so many years, by furnishing false and concocted 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 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 paragraph 3 of the bail petition needs consideration for bail.

7. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court held that the bail decision must enter the cumula

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