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ANOOP CHITKARA
Jaswinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
67 | 03.04.2022 | City Kapurthala | 420/376 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 12 of the bail petition, the accused declares that he has no criminal antecedents.
3. The complainant who is a divorcee alleged that while going to pay obeisance at holy place, she came in contact with the petitioner-Jaswinder Singh. At that time, the petitioner claimed himself to be divorced and proposed to establish live-in-relationship to which she agreed. In the nutshell, the allegations are that petitioner-Jaswinder Singh resiled from his promise to marry her.
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. Even the victim was not a child or unmarried, who would not know the consequences of establishing live-in-relationship in traditional and orthodox societies.
At this stage, to blame the petitioner for
The main legal point established is the discretion of the court to grant bail with stringent conditions based on the circumstances of the case and the need to balance individual freedom with the righ....
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 main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The main legal point established is the court's discretion in granting anticipatory bail, considering the prima facie case, the accused's behavior, and the protection of the victim's interests.
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 court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The discretion of the judge in granting bail and the imposition of stringent conditions to ensure compliance and the safety of witnesses and victims.
The main legal point established in the judgment is the judicious and compassionate exercise of discretion in granting bail, with a focus on ensuring the safety of the victim and their family, and pr....
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....
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