ANOOP CHITKARA
Gagandeep Singh Sewadar (Peon) – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 27 | 10.08.2023 | Vigilance Bureau, Patiala, District Patiala | 7 of Prevention of Corruption Act 1988 as amended by Amendment Act 2018 |
The petitioner incarcerated in the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 11 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.
4. The State opposes the bail.
Reasoning:
5. Allegations against the petitioner are that he had demanded bribe from the complainant for getting jamabandi and also received part payment and insisted to pay more bribe. It is further alleged that the
Sanjay Chandra v. Central Bureau of Investigation
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.
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