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ANOOP CHITKARA
Shiv Shankar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 0019 | 10.07.2023 | Anti Corruption Bureau, Faridabad | 120-B IPC and 7 and 7 A of the Prevention of Corruption Act, 1988 |
The petitioner incarcerated in the FIR captioned above has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 23 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 is also voluntarily agreeable to the condition that till the conclusion of the trial before the trial court, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, and within fifteen days of release from prison undertakes to disconnect all other mobile numbers. The petitioner contends that the further pre-trial incarceration would cause an irreversible injustice to the petitioner and family. He further submits that nothing has been recovered from the petitioner.
4. The State opposes bail.
REASONING:
5. The complainant, who was running a clinic, informed the police that Dr. Raj Kumar, who had an oral share in the said clinic with the complainant, had cheate
The court held that pretrial detention is not justified if the investigation is complete and established the need for stringent conditions to balance the accused's liberty with the need for a fair tr....
The court held that bail may be granted under stringent conditions to mitigate risks of influencing witnesses or fleeing justice, balancing the rights of the accused with the integrity of the trial.
Bail can be granted when pre-trial custody is unjustifiable, provided stringent conditions are imposed to prevent influencing witnesses and ensure fair trial.
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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