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ANOOP CHITKARA
Arvind Kumar alias Sonu – Appellant
Versus
State of UT Chandigarh – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 422 | 15.11.2023 | Sector-36, UT Chandigarh | 419, 420, 467, 468, 471 & 120-B IPC |
The petitioner, incarcerated upon his arrest in the FIR captioned above, has come before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail.
2. In paragraph 17 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 and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. Facts of the case are being taken from reply dated 17.07.2024, which reads as follows:-
Bail should be granted unless compelling reasons exist to deny it, emphasizing judicial discretion and the presumption of innocence.
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in bail decisions, along with the imposition of stringent conditions to prevent int....
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 emphasized the need for judicious and compassionate exercise of discretion in granting bail, imposing stringent conditions to prevent influencing the investigation, tampering with evidence,....
The grant of bail is within the discretion of the court and must be exercised judiciously, compassionately, and in a humane manner, with stringent conditions to prevent misuse.
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 main legal point established in the judgment is that the grant of bail, even in serious cases, should be considered based on the nature of allegations, the accused's criminal antecedents, and rel....
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