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ANOOP CHITKARA
Vinay Koura – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No.
Dated
Police Station
Sections
102
23.05.2022
Tibba, District Police Commissionerate, Ludhiana
379 B
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 7 of the bail petition, the accused declares that he has no criminal antecedents.
3. The main accused Sahil Verma had allegedly waylaid the complainant, scuffled with them, and snatched the mobile. On being apprehended by passersby, he was detained and during interrogation has named the petitioner.
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 allegations do not justify pre-trial incarceration. Furthermore, the petitioner is a boy aged 20 years and 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 4 of the bail petition needs consideration for bail.
The discretion of the judge in granting or refusing bail must be exercised judiciously, compassionately, and in a humane manner, and imposing restrictive conditions is necessary to address concerns r....
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.
The main legal point established in the judgment is that a first-time offender may be entitled to bail, but stringent conditions may be imposed to prevent potential misconduct.
The discretion of the judge in granting bail, the need for a balanced approach between individual rights and the state's interest in investigation, and the importance of imposing stringent conditions....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, the discretion of the judge in granting bail, and the importanc....
The main legal point established in the judgment is the discretion of the court in granting bail, the need for a cumulative consideration of circumstances, and the imposition of stringent conditions ....
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