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ANOOP CHITKARA
Arpit @ Arpit Kundu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 136 | 01.03.2023 | City Palwal, District Palwal | 148, 149, 323, 307, 379-B, 387, 506 IPC and 25 of Arms Act |
The petitioner, incarcerated upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. In paragraph 15 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts of the case are being taken from paragraph 2 of reply dated 27.04.2024 filed by the concerned Deputy Superintendent of Police, which reads as follows:
Bail should be granted unless compelling reasons exist, balancing the accused's liberty with victim protection, especially when the accused is a first-time offender.
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 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 court emphasized the requisite balance between personal liberty and the necessity of pre-trial detention, highlighting Article 21's protection against unjust deprivation of liberty.
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.
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....
Bail should be granted unless compelling reasons exist, with conditions ensuring compliance and victim protection.
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