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2022 Supreme(P&H) 546

ANOOP CHITKARA
Mandeep Singh @ Mandeep Verma – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Vivek. K. Thakur, Advocate, for the Appellant; Mr. Harpreet S. Multani, AAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

16

08.03.2022

Fattu Dhinga, District Kapurthala. Punjab

323, 452, 148, 149 IPC (Section 325 IPC added later on)

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 Notes 1 & 4 of the bail petition, the accused declares that he has no criminal antecedents.

3. On Mar 5, 2022, the complainant alleged that the petitioner and other members of his gang, forcibly entered into their house and started assaulting them because her brother had seen Abhishek, one of the gang members, moving with a girl.

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. Given the nature of injuries viz a viz number of assailants, primafacie show that all of them would not have possibly assaulted, and the petitioner had no motive except that he was part of the gang.The petitioner is a first offender, and one of the relevant factors would be to

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