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ANOOP CHITKARA
Daljeet Singh @ Kaka – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. - 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.
| FIR No. | Dated | Police Station | Sections |
| 48 | 05.05.2022 | Daba, Distt.Ludhiana | 379-B, 411 & 34 IPC |
2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner along with his accomplice allegedly threatened the complainant with a datar and snatched his mobile phone.
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. Given the nature of allegations, no allegations of any assault by the petitioner, viz- a-viz pre-trial custody, coupled with the other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. Furthermore, the petitioner is
The court emphasized the need for bail conditions to be proportional to their purpose and to balance the liberty of the accused with the necessity of a fair trial.
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, imposing stringent conditions to prevent interference with the investigation and wi....
The main legal point established in the judgment is that the grant or refusal of bail is entirely within the discretion of the judge, and it must be exercised judiciously, compassionately, and in a h....
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
The grant of bail is entirely within the discretion of the judge and must be exercised judiciously, compassionately, and in a humane manner.
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
The main legal point established in the judgment is that the grant of bail is subject to a judicious and compassionate exercise of discretion, taking into account the nature of allegations, the accus....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
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