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JASGURPREET SINGH PURI
Rahul Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present is a second petition filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case bearing FIR No.0138 dated 05.05.2023, under Sections 295-A, 298, 153- A, 506 & 34 IPC, registered at Police Station Sadar Amritsar, District Police Commissionerate Amritsar.
2. Learned counsel for the petitioner submitted that this is a second successive bail petition filed by the petitioner since earlier a bail petition was filed before this Court in CRM-M-31455-2023 and it was dismissed as withdrawn on 04.08.2023 with liberty to approach the Court concerned. Thereafter, he approached the learned Court below by filing an application but the same was dismissed on 24.08.2023 and thereafter, the present petition has been filed and therefore, the present successive bail petition is maintainable.
3. Learned counsel for the petitioner has submitted that it is a case where the petitioner is in custody from 12.05.2023 and the police has completed the investigation and now the charges have also been framed on 31.08.2023. He also submitted that the allegations against the petitioner are that one person
The court denied bail based on the gravity of allegations involving incitement to violence, potential witness tampering, and the need to ensure trial integrity.
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The court's decision underscored the importance of evaluating the accused's role, antecedents, and the genuineness of the prosecution when considering anticipatory bail applications.
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