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ANOOP CHITKARA
Lajja Ram – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
76 | 24.02.2022 | Chandhut, District Palwal, Haryana | 148, 149, 323, 427, 506 IPC (Section 452, 379 IPC deleted later on) and Sections 325, 307 IPC & 92 of Disability Act added later on) |
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 16 of the bail petition, the accused declare that they have no criminal antecedents.
3. The present FIR has been registered due to the land dispute between the parties.
4. Ld. Counsel for the petitioners 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 petitioners are first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a primafacie perusal of paragraph 3 of the bail petition needs consideration for bail.
7. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court held that the bail decision mu
The discretion of the judge in granting or refusing bail must be exercised judiciously, compassionately, and in a humane manner, considering the balance between personal freedom and the right of poli....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation when considering anticipatory bail in criminal cases.
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 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 the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
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 grant of anticipatory bail with stringent conditions to prevent influencing the investigation and intimidating witnesses.
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 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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