ANOOP CHITKARA
Amit – Appellant
Versus
State Of Haryana – 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
Aparna Bhatt vs. State of Madhya Pradesh
Dataram Singh v State of Uttar Pradesh
Gudikanti Narasimhulu v Public Prosecutor
Gurbaksh Singh Sibbia v State of Punjab
Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav
Prahlad Singh Bhati v NCT, Delhi
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