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ANOOP CHITKARA
Ruksar @ Ruksar Begam – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. - FIR No. Dated Police Station Sections 153 30.11.2019 Nangal, District Rupnagar 302 IPC (Section 201 IPC added subsequently.
1. The petitioner, incarcerating since Dec 3, 2019, upon her arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. Para 27 of the bail application declares that the petitioner has no criminal history.
2 (a) The brief facts of the case are that the police recorded statement of complainant- Shaukat Ali under Section 154 Cr.P.C . in which he stated that his brother-Rasid Mohammad, who works as a labourer, was living separately with his wife Ruksaar (the petitioner). They have a 8 years old daughter, who is living with her maternal grand- parents at Kalka. Rashid Mohammad used to consume liquor. On this account there were misunderstanding between him and his wife. On 29.11.2019, Rasid (his brother) had reached home after consuming liquor and then both husband and wife had entered into an altercation. The complainant did not intervene because it was usual thing and their personal matter. In the morning around 8:30 A.M., Ruksaar-the petitioner contacte
The main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious exercise of such discretion, and the imposition of stringent conditions to add....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, considering the cumulative effect of circumstances justifying t....
The decision to grant bail was based on the special reasons emerging from the investigation and the peculiar facts and circumstances of the case, as well as the interpretation of relevant legal provi....
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
The main legal point established is the court's discretion in granting anticipatory bail, considering the prima facie case, the accused's behavior, and the protection of the victim's interests.
The grant of bail should be balanced with the need for a fair trial and the safety of witnesses and the victim's family.
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, balancing individual rights with the right of police investigation, and imposing re....
The court emphasized the need for judicious consideration of circumstances justifying the grant or refusal of bail, taking into account the criminal history, gravity of the offense, and the accused's....
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