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2022 Supreme(P&H) 420

ANOOP CHITKARA
Akshit Bansal – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Akshit Aggarwal, Advocate, for the Appellant; Mr. Manish Bansal, DAG, Haryan, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

141

24.03.2022

Sadar Yamuna Nagar, District Yamuna Nagar at Jagadhri

420 & 120-B IPC, 1860; 7, 10, 55 of Essential Commodities Act, 1955; Clause 5, 8, 28 Fertilizer Control Order 1985 & Fertilizer Movement Order 1973

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 16 of the petition, it is declared that the accused has no criminal history.

3. 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.

4. Ld. counsel appearing for the State contends that the petitioner has indulged in cheating and thugee is raising its ugly head, and it's the time to nip the evil in the bud.

REASONING:

5. The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a primafacie perusal of paragraph 3 to 5 of the bail petition needs consideration for bail.

6. In the present case, the maximum sentence imposable for the offences men

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