Dated
Back
ANOOP CHITKARA
Rajni Devi – Appellant
Versus
State of Punjab – Respondent
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
| 0022 | 19.02.2023 | S.G.N. Dev Thermal Plant, District Bathinda | 306 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 11 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions. 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 allegation against the petitioner are that he was one of the friends of deceased and was extending help to his wife to remain in adultery with one Prem Singh, leaving her husband and children. On primafacie analysis of the nature of allegations, and other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage
The main legal point established in the judgment is the judicious and compassionate exercise of discretion in granting bail, with a focus on ensuring the safety of the victim and their family, and pr....
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 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 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 discretion of the judge in granting bail and the imposition of stringent conditions to ensure compliance and the safety of witnesses and victims.
The court balanced the accused's right to personal freedom with the necessity of a fair trial and imposed stringent conditions to prevent influencing the investigation, tampering with evidence, or in....
The court's discretion in granting bail must be exercised judiciously, compassionately, and in a humane manner, considering the circumstances and legal precedents.
The main legal point established is the discretion of the court to grant bail with stringent conditions based on the circumstances of the case and the need to balance individual freedom with the righ....
The court has the discretion to grant bail with stringent conditions, taking into account the accused's background and the principles laid down in relevant case laws.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top