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2022 Supreme(P&H) 1368

ANOOP CHITKARA
Gursewak Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Sukhdeep Singh Bhinder, Advocate, H.S. Sitta, Advocate

JUDGMENT

Anoop Chitkara, J.

FIR No

Dated

Police Station

Sections

52

09.09.2022

Bhadaur, District Barnala

458, 323, 325, 506, 148, 149 IPC

1. The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 8 of the bail petition, the accused declares that he has no criminal antecedents.

3. Petitioner's counsel argued that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. State's counsel opposes the bail.

REASONING:

5. The allegations against the petitioner are that he along with other co accused entered into the house of the complainant and gave beatings to the complainant and his son and also hurled abuses to his wife and daughter in law. On primafacie analysis of the nature of allegations, injuries inflicted by the petitioner, and other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage. Fu

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