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ANOOP CHITKARA
Simarjit Singh Bains – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
FIR No.
Dated
Police Station
Sections
180
10.7.2021
Division no.6, Commissionerate of Police, Ludhiana, District Ludhiana.
376, 354, 354A, 506, 120-B IPC & 376-2(N), 201 IPC
1. The petitioner incarcerated in the FIR captioned above, on the allegations of committing rape upon the prosecutrix, has come up before this Court under Section 439 CrPC seeking bail.
2. As per paragraph 25 of the bail petition, the petitioner was taken in custody on 11.7.2022. The petitioner has not mentioned his criminal antecedents in the present petition. However, as per paragraph 17 of the reply filed by the State by way of affidavit of Commissioner of Police, Industrial Area-B, Ludhiana, the petitioner-accused is involved in as many as 23 more cases, which are pending at different stages. Perusing the criminal antecedents of the petitioner, it appears that the petitioner is a political activist and agitationist and large number of cases points towards the same.
3. It would be expedient to give a brief reference to some of the connected cases listed along with this petition, as under: -
A. CRM-M-39489-2020 xxxx (name Withheld) Vs. State of Punjab & others:
Vide this petition, the prosecu
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....
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
Under Section 207, Cr.P.C., accused is entitled to copy of statement under Section 164 Cr.P.C. only after concerned Court takes cognizance of offence. Still, there is no restriction or bar on an inve....
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 court considered the contradictory statements of the victim and the lack of evidence in granting bail to the petitioner, emphasizing the need for stringent conditions to prevent any influence on ....
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
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....
The grant of bail must consider the cumulative effect of various circumstances justifying the grant or refusal of bail, and stringent conditions can be imposed to prevent influencing the investigatio....
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
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