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ANOOP CHITKARA
Arvind Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 137 | 01.07.2020 | Civil Lines, District Gurgaon | 409, 120-B IPC and 13(1) (a), 13(2) of Prevention of Corruption Act, 1988 |
The petitioner incarcerated in the FIR captioned above has come up before this Court under section 439 CrPC, 1973 seeking bail.
2. 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.
3. The State opposes bail.
4. Counsel for the petitioner seeks bail on merits. As per the grounds mentioned in page No. 5 of the bail petition that the petitioner is a national player of badminton and he was subordinate officer to the ARCS Shri Rishi Kumar. A large number of points has also been mentioned in the bail petition. He seeks bail on the gr
Bail can be granted when pre-trial custody is unjustifiable, provided stringent conditions are imposed to prevent influencing witnesses and ensure fair trial.
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.
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
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