ANOOP CHITKARA
Ved Parkash – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 272 | 29.08.2022 | Salhawas, District Jhajjar | 148, 149, 323, 342, 365, 379-B, 506 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 18 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 armed with iron rod along with other co accused gave beatings to the complainant and forcibly took him in his car to the house of other co accused . 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. Furthermore, the petit
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The main legal point established in the judgment is the discretion of the judge in granting bail, the need for a prima facie case, and the imposition of restrictive conditions to prevent interference....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The discretion of the judge in granting bail and the imposition of stringent conditions to ensure compliance and the safety of witnesses and victims.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail and impose stringent conditions to ensure the safety of the victim and witnesses.
The court considered various legal precedents related to bail decisions, including the lack of motive for the alleged offence and the petitioner's first-time offender status, in reaching its decision....
The main legal point established in the judgment is the judicious exercise of discretion in granting bail and the imposition of stringent conditions to prevent interference with the investigation and....
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
The main legal point established is the need to balance individual freedom with the right of police investigation when granting anticipatory bail, as guided by relevant legal provisions.
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
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