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ANOOP CHITKARA
Sandeep Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 0229 | 13.04.2024 | Samalkha, District Panipat | 148, 149, 195-A, 285, 506 IPC and Section 25 of Arms Act (Section 120B IPC added later on) |
The petitioner, incarcerated upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 23 of the bail petition, the accused declares the following criminal antecedents:-
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1 | 524 | 19.08.2019 | 195-A, 285, 34, 506 IPC and 25 of Arms Act | Samalkha, District Panipat |
3. Petitioner's counsel prays for bail by imposing any stringent conditions and states that they would have no objection to the conditions, i.e., surrender of weapons. The petitioner further contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. While opposing bail, the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
5. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble Supreme Court holds,
Bail should be granted unless compelling reasons exist, such as risk of fleeing or tampering with evidence, with prior acquittals not counting against the petitioner.
The court can grant bail with stringent conditions based on the criminal antecedents and nature of allegations, ensuring compliance and preventing influence on the investigation or intimidation of wi....
The judgment establishes the principle that bail decisions should consider the cumulative effect of circumstances, including the nature of the allegations, criminal history, and the need for stringen....
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 main legal point established in the judgment is the need for the court to act judiciously with reasonableness when considering bail for an accused with a criminal history, and the imposition of s....
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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