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2022 Supreme(P&H) 516

ANOOP CHITKARA
Anup Nargas – Appellant
Versus
Union Territory Of Chandigarh – Respondent


Advocates Appeared:
Mr. R.S. Rai, Sr. Advocate with Mr. Gautam Dutt, Advocate Mr. Anurag Arora, Advocate and Mr. Farhad Kohli, for the Appellant; Mr. Amit Kumar Goyal, APP, UT Chandigarh., Mr. Vipul Joshi, Advocate for the complainant, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

99

27.10.2020

North, Sector 3,

Chandigarh

420, 468, 471 & 120-B IPC

1. The petitioner, incarcerating since Feb 3, 2022, 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 27 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations are qua the issuance of bogus valuation certificates.

4. Learned Senior counsel submits that his case is identical to the case of the co- accused namely Major Sanjeev Bhatia, who was granted bail by this Court vide order dated 01.03.2021 passed in CRM-M-42067-2020. He further submits that the petitioner was arraigned as accused vide third police report filed under Section 173(8) Cr.P.C. and is in custody since 03.02.2022. Counsel further submits that the petitioner had resigned from the post of Director of the company way back in 14.11.2019. He further contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. Ld. counsel representing the U.T. could not distinguish the fact that how the case of the peti

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