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2022 Supreme(P&H) 126

ANOOP CHITKARA
Amit – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Abhimanyu Singh, Advocate,, for the Appellant; Ms. Tanisha Peshwaria, DAG, Haryana, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

190

08.04.2022

Surajkand, District Faridabad, Haryana

148, 149, 323, 325, 506, 308, 379-B, 452 IPC (Sections 325, 379-B and 452 IPC added lateron)

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 16 of the bail petition, the accused declares that he has no criminal antecedents.

3. The accused including the petitioner allegedly gave beatings to the complainant.

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 complainant has not stated any reason or motive for the beatings and thus the possibility of his concealing material facts cannot be ruled out. 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 9 of the bail petition needs consideration for bail.

7. In Gurbaksh Singh Sibbia v St

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