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ANOOP CHITKARA
Gaurav Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 147 | 10.07.2022 | Moti Nagar, Ludhiana | 307, 323, 341, 506, 120-B IPC and 25 of Arms Act |
1. The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail.
2. As per the custody certificate, the accused has following criminal antecedents:
| Sr. No. | FIR No. | Dated | Offences | Police Station |
| 1. | 270 | 20.09.2021 | 307, 323, 324, 326, 341, 148, 149, 120-B IPC | Focal Point, Ludhiana |
3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. While opposing the bail, the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
REASONING:
5. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble Supreme Court holds,
[10] It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament f
The court must judiciously consider bail petitions, imposing stringent conditions to address concerns of influencing the investigation, tampering with evidence, and intimidating witnesses.
The court can grant bail with stringent conditions based on the criminal antecedents and nature of allegations, ensuring compliance and preventing influence on the investigation or intimidation of wi....
The main legal point established in the judgment is the need to consider the accused's criminal history, the gravity of the offence, and the possibility of influencing the investigation and intimidat....
The judgment establishes the principle that bail decisions should consider the cumulative effect of circumstances, including the nature of the allegations, criminal history, and the need for stringen....
The court's discretion in granting bail must consider the accused's criminal history and the necessity of imposing stringent conditions to prevent further criminal activities.
Granting bail with stringent conditions to prevent further criminal activities and ensure compliance.
The main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious consideration of bail petitions, and the imposition of stringent conditions to....
Bail should be granted unless compelling reasons exist, such as risk of fleeing or tampering with evidence, with prior acquittals not counting against the petitioner.
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