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ANOOP CHITKARA
Anup – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J. - The petitioner, who is a boy aged about 19 years have come up before this Court seeking anticipatory bail under Sections 148, 149, 323, 354, 452, 308, 506 and 120-B of IPC, 1860 and Section 3(2) (va) of SC/ST Act, 1989, registered at Police Station Kurukshetra University, Kurukshetra.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that there is no enmity between the complainant and one Keshav (co-accused). Learned counsel further submits that there are no direct evidence against the petitioner and he is not named in the FIR and his name has surfaced only on the basis of disclosure statement made by the co-accused Keshav and Billa.
3. Learned State counsel Mr. Manish Bansal, learned Deputy Advocate General, Haryana has strongly opposed the bail on the ground that once the bail is rejected by the Special Judge or the exclusive Special Court then the only appeal lies against the said order as per Section 14-A of SC/ST Act and the bail application under Section 438 of Cr.P.C. is not maintainable.
At this stage, learned counsel for the petitioner wants to withdraw the present
The lack of direct evidence and absence of the petitioner's name in the FIR are crucial factors in considering the grant of anticipatory bail.
The main legal point established in the judgment is the interpretation and application of Section 14-A of SCSTPOA in relation to the maintainability of an application for anticipatory bail under Sect....
Anticipatory bail is maintainable when no substantive offence under SC/ST provisions exists.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
The main legal point established in the judgment is that a person may be granted anticipatory bail if they are not named in the FIR and there is no allegation against them under the relevant legal pr....
The court's decision was based on the consideration that the offences were not punishable with death or imprisonment for life, and the conditions imposed to address the apprehension of absconding or ....
The court ruled that anticipatory bail cannot be granted in cases involving allegations under the SC/ST Act, as per Section 14A, which bars such petitions.
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act, necessitating an appeal against the Special Court's decision if bail is denied.
Anticipatory bail may be granted when allegations lack direct attribution to the accused, supporting the principle of fairness in justice.
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