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2023 Supreme(P&H) 2516

ANOOP CHITKARA
Amritpal Singh @ Manna – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Rajneesh Budhiraja, Advocate; For the Petitioner
For the Respondent: Mr. Harsimar Singh Sitta, DAG, Punjab.

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

39

24.02.2022

Division No.5, Ludhiana

392, 473, 411 IPC and section 25 of Arms Act

The petitioner apprehending arrest in the FIR captioned above, on the allegations of forcibly taking away Rs.70,000/- at gun point, in association of his accomplices, from the office of Western Union, has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. The status report mentions a series of offences of robbery. In paragraph 6 of the bail application, the accused declares the following criminal antecedents:

Sr. No.

FIR No.

Dated

Offences

Police Station

1.

248

30.09.2021

61, 78(2), 1 and 14 of Punjab Excise Act

Division No.6, Ludhiana

3. Petitioner's counsel argued that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. While opposing the bail, State's counsel contends that given the criminal past, the accused is likely to indulge in crime once released on bail.

Reasoning:

5. In Maulana Mohd Amir Rashadi v. State of U.P. , (2012) 3 SCC 382, Ho

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