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ANOOP CHITKARA
Jakir @ Mota – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 134 | 21.6.2021 | City Nuh, District Nuh | 388, 389, 506, 379-B, 201, 420, 467, 468, 471, 120-B IPC, 1860 and Section 25 (Act No.54) of Arms Act, 1959 |
1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 25 of the petition, it is declared that the accused has no criminal history.
3. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. He further submits that the co-accused Munni and Sanjida have also been granted bail by this Court and on the ground of parity, the petitioner also deserve grant of bail.
4. The contention on behalf of the State is that bail encourages criminals.
REASONING:
5. Brief facts of the case are that on 21.06.2021, the complainant gave a written complaint to the police Station for taking action against Munni, Jakir alias Mota (the present petitioner),
The decision emphasized that the nature of the evidence and the role of the accused in the crime are crucial factors in determining bail applications.
The main legal point established in the judgment is the discretion of the judge in granting bail, the entitlement to bail for non-bailable offences, and the imposition of stringent conditions to addr....
The court's decision was guided by the need to consider a variety of circumstances justifying the grant or refusal of bail, the entitlement to bail for non-bailable offences if a prima facie case is ....
The main legal point established in the judgment is the importance of a cumulative assessment of circumstances justifying bail, the discretion of the judge to exercise bail decisions judiciously, and....
The discretion of the judge in granting bail, the need for a cumulative consideration of circumstances, and the imposition of specific conditions for bail.
The court considered the criminal history, nature of the offense, and the accused's age in granting bail and imposed stringent conditions to prevent misconduct.
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