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HARNARESH SINGH GILL
Sant Lal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Harnaresh Singh Gill, J. (Oral) - Case is taken up for hearing through video conferencing.
CRM-1973-2022
Through this application the applicant-petitioner seeks to place on record additional facts by way of affidavit and documents, and also seeks exemption from filling certified/typed copies of Annexures P-5 to P-7.
Application is allowed as prayed for.
CRM-M No. 48363 of 2021
2. Through this petition the petitioner prays for grant of anticipatory bail in case FIR No.211 dated 05.10.2021 under Sections 447, 511, 451, 506, 34 IPC and Sections 380 and 457 IPC (added later on), registered at Police Station Sadar Tohana, District Fatehabad.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case; that the petitioner and his wife, who is an Ex. Sarpanch of Village-Lehrian, are the owners of the property in question; that the FIR is a counterblast to the suit for permanent injunction filed by the petitioner; that earlier the petitioner had approached this Court for issuance of directions to the official respondents to register an FIR against the complainant and police officials but vide order dated 04.01.2021 passed by a Co-ordi
The possession of the property by the complainant since 2002 was a decisive factor in denying the petitioner's request for anticipatory bail.
The court considered the circumstances and potential unfair sale of land in granting anticipatory bail to the petitioner.
Anticipatory bail should not be denied solely based on criminal antecedents or pending cases; the court must focus on evidence specific to the current case to uphold the constitutional right to liber....
The court favored anticipatory bail for the petitioners based on the absence of substantial evidence suggesting flight risk or criminal intent.
The seriousness of the allegations and the potential obstruction of the investigation process can be grounds for denying anticipatory bail.
Anticipatory bail may be granted where the criminal complaint appears to be an offshoot of a pre-existing civil dispute over immovable property, provided the petitioner cooperates with the ongoing in....
Anticipatory bail should be granted when there is no imminent need for custodial interrogation, even in cases of serious allegations.
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