ANOOP CHITKARA
Gurbhej Singh – Appellant
Versus
U. T. Chandigarh – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 63 | 11.04.2024 | Central Sector-17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC and 13(1) of Prevention of Corruption Act, 1988 |
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 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. The prosecution's case is being taken from reply dated 04.07.2024 filed by the Deputy Superintendent of Police, E.O.W, Sector-17, Chandigarh, which reads as follows:
Dataram Singh v. State of Uttar Pradesh 2018:INSC:107 : (2018) 3 SCC 22
Gudikanti Narasimhulu v. Public Prosecutor (1978) 1 SCC 240
Gurbaksh Singh Sibbia v. State of Punjab 1980 (2) SCC 565
Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav 2005 (2) SCC 42
Anticipatory bail may be granted in non-bailable offences if the accused is a first offender and the evidence is primarily documentary, provided they comply with conditions set by the court.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
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.
Anticipatory bail can be granted even after prior custody if custodial interrogation is not justified, balancing individual rights with the necessity of a fair trial.
The court emphasized that bail should be granted unless justified by circumstances indicating a risk of fleeing or tampering with evidence, balancing the accused's liberty with the integrity of the t....
Anticipatory bail granted under Section 438 CrPC for a government servant accused of disproportionate assets, emphasizing cooperation with investigation and non-flight risk.
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