Ashish Jain vs State of Union Territory Chandigarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2473

ANOOP CHITKARA
Ashish Jain – Appellant
Versus
State of Union Territory Chandigarh – Respondent

Advocates Appeared:
Mr. R.S. Randhawa, Mr. Tarranum Madan, Mr. Rajesh Mishra, Advocates; For the Petitioner
Mr. Deepinder Brar, Addl. PP, UT Chandigarh.

JUDGMENT

Anoop Chitkara, J. -

FIR No.	Dated	Police Station	Sections
33	03.09.2022	Cyber Crime, Sector 17, Chandigarh	384, 420, 468, 471, 509 & 120-B IPC, Sections 66D & 67 of Information Technology Act 2000 and Section 14 of Foreigner's Act 1946

The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. As per para 11 of the petition, the petitioner declares that he has no criminal antecedents.

3. Petitioner's counsel prays for bail by imposing any stringent conditions. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. State counsel opposed the bail.

Reasoning:

5. The petitioner operated similarly to the style of the infamous gang of Jamtara online thugs. No doubt these cyber thugs have brought disgrace to the entire country throughout the world over. As per para 5 of the petition, petitioner is in custody since 25.01.2023. Given the amount involved viz-a-viz pre-trial custody, there would be no justifiability in further pre-trial incarceration at this sta