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AVNEESH JHINGAN
Jayant Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Avneesh Jhingan , J.(Oral) - This petition is filed seeking regular bail in FIR No. 450, dated 2nd October, 2020, under Sections 120-B, 198, 201, 420, 467, 468, 471 and 474 of Indian Penal Code, 1860, Section 12(1) B of Passport Act and Section 66-C and 66-D of Information Technology Act, registered at Police Station City Tohana, District Fatehabad.
2. Learned counsel for the petitioner claims parity with co-accused Anil Bhatia who was granted regular bail by this Court on 1st September, 2022. This Court passed the following order:
'These three petitions are filed seeking regular bail in case of FIR No. 450 dated 2.10.2020, under Sections 198, 201, 420, 467, 468, 471, 474, 120-B IPC, 1860 and Section 12(1)(b) of the Passports Act, 1967 and Sections 66-C and 66-D of IT Act, 2005, registered at Police Station City Tohana, District Fatehabad.
Learned counsel for the petitioners submits that this FIR is off- shoot of FIR No. 360 dated 20.8.2020 and the accused therein including the petitioners have been granted bail by imposing the conditions. Submission is that State had proposed the conditions and petitioners volunteered to adhere to those conditions. The contention is that bail
The decision highlighted the importance of considering the custody period, completion of investigation, and the status of trial in granting bail, along with the willingness of the petitioner to adher....
The court considered the nature of allegations, the duration of custody, and the likelihood of a lengthy trial in granting bail to the petitioners.
Bail is a right and should not be denied unless justified by serious grounds; continued detention without trial infringes on personal liberty.
The court may grant bail based on parity with co-accused, considering the nature of allegations, lack of recovery, and the likely duration of the trial.
The court established that anticipatory bail requires careful consideration of the seriousness of allegations and the potential for witness tampering.
The court emphasized that bail conditions under the Prevention of Money Laundering Act must balance the liberty of the accused with the necessity of a fair trial, allowing bail given the minor financ....
Anticipatory bail can be granted if the accused is a first offender and there is no prima facie evidence of wrongdoing, subject to stringent conditions to ensure compliance.
Grant of bail based on the absence of recovery, the likelihood of a lengthy trial, and the lack of criminal antecedents, without expressing an opinion on the merits of the case.
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