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ANOOP CHITKARA
Sandeep – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 97 | 14.3.2022 | HSIDC Barhi, District Sonipat | 148, 149, 323, 307, 195A, 120-B and 506 IPC and Section 325 IPC (added later on). |
The petitioner, incarcerating 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 22 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel has drawn attention of this court to bail order of similarly placed co-accused i.e. CRM-M-28289-2022 (Annexure P-4) passed by this court. Counsel for petitioner claims bail on the grounds of parity and does not press this petition on merits.
4. State does not dispute the fact that the allegations against the petitioner are not more severe than co-accused who was granted bail.
Reasoning:
5. The allegation against the petitioner are that he along with other co-accused assaulted the complainant and restrained him from giving evidence in murder case.
6. As per paragraph 17 of the bail petition, the petitioner is in custody since 15.03.2022. Perusal of the order dated 05.12.2022 vid
The main legal point established in the judgment is the importance of a cumulative assessment of circumstances justifying bail, the discretion of the judge to exercise bail decisions judiciously, and....
The discretion of the judge in granting bail and the need for a cumulative assessment of circumstances.
The judgment established the discretion of judges to grant bail based on a comprehensive evaluation of circumstances and the entitlement to bail for non-bailable offences under specific conditions.
The main legal point established in the judgment is the need for a balanced approach between personal freedom and police investigation, and the factors justifying the grant of bail, including the abs....
The court considered various legal precedents related to bail decisions, including the lack of motive for the alleged offence and the petitioner's first-time offender status, in reaching its decision....
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