Suresh @ Bholu vs State Of Haryana - 2022 Supreme(P&H) 758

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 758

ANOOP CHITKARA
Suresh @ Bholu – Appellant
Versus
State Of Haryana – Respondent

Advocates:
Mr. Rakesh Dhiman, Advocate for the petitioner., for the Appellant; Mr. Manish Bansal, DAG, Haryana., for the Respondent

JUDGMENT

Anoop Chitkara, J. - The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail.

FIR No.	Dated	Police Station	Sections
428	26.07.2022	Sadar Gohana, Sonipat, Distt. Sonipat	307 IPC & 25 of Arms Act

2. In paragraph 26 of the bail petition, the accused declares that he has no criminal antecedents.

3. On receipt of an information from the hospital, the police reached there and recorded the statement under 154 CrPC, in which the petitioner was attributed two gun shots at the victim's feet.

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. Since the victim did not complain coupled with the fact that the shots were aimed at feet and not at any vitals or torso, the possibility of the complainant concealing the genesis of the occurrence cannot be rule doubt. Given abov