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2022 Supreme(P&H) 573

ANOOP CHITKARA
Kesha – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Sandeep K. Rana, Advocate, for the Appellant; Mr. Rajat Gautam, DAG, Haryana, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

130

30.05.2021

Sarai Khawaja, Faridabad, District Faridabad

364-A, 506 & 120-B IPC

1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.

3. On May 23, 2021, the complainant informed the police that his brother's son aged 12 years, had been kidnapped and a ransom of Rs. fifty thousand was demanded for safe release. On a frantic search, the police recovered the boy unharmed, from a slum, and arrested the accused including the petitioner.

4. Ld. Counsel for the petitioner contends that 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 boy was allegedly kept by the kidnappers in the jhuggi of the petitioner. There is no allegation of any maltreatment, non-providing of food, or assault. The petitioner is a woman aged 70 years, in custody since May 30, 2021, i.e., for more than eleven months and 10 days, a

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