Back
ANOOP CHITKARA
Rajeev Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
0209 | 24.03.2021 | Sonipat City, District Sonipat | 406 & 420 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 2 (XIX) of the bail petition, the accused declares that he has no criminal antecedents.
3. The allegations are of misappropriation of funds.
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 the bail.
REASONING:
6. The petitioner submits that even he was allured by the company's Directors on false assurances and lucrative promises. He had filed a complaint in this regard on 13- 04-2020, as per details mentioned in paragraph 2(XV) of the petition. 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 2 of the bail petition needs consideration for bail.
7. In the present case, the maximum sentence imposable fo
The main legal point established in the judgment is the need to balance personal freedom with the right of police investigation, and the importance of imposing stringent conditions to prevent interfe....
The need to balance personal freedom and the right of police investigation, imposing restrictive conditions, and providing opportunity for course correction.
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 court can grant anticipatory bail with stringent conditions if the petitioner's age, being a first offender, and the maximum sentence for the offenses do not exceed seven years.
The court balanced the individual's right to personal freedom with the right of police investigation, considering the accused's age, criminal antecedents, and the maximum sentence for the offenses.
The court emphasized the need to balance personal freedom and police investigation when granting anticipatory bail, citing previous court decisions and imposing stringent conditions to ensure uninter....
The main legal point established in the judgment is the need to balance individual freedom with the right of police investigation, as emphasized by legal precedents, when considering anticipatory bai....
The main legal point established in the judgment is the grant of anticipatory bail with stringent conditions to prevent influencing the investigation and intimidating witnesses.
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 court balanced the accused's right to personal freedom with the necessity of a fair trial and imposed stringent conditions to prevent influencing the investigation, tampering with evidence, or in....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
