ANOOP CHITKARA
Pawan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 177 | 12.07.2020 | Agroha, District Hisar | 147, 148, 149, 302, 323, 452, 365 IPC and 3 of Scheduled Castes and Scheduled Tribes Act, 1989 |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court in appeal under Section 14A(2) of Scheduled Castes and Scheduled Tribes Act, 1989, against impugned order dated 02.05.2024 passed by learned Additional Sessions Judge, Hisar whereby his bail application was dismissed.
2. In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
The court denied bail based on prima facie evidence of the accused's involvement in serious crimes, emphasizing the need to uphold justice.
The court emphasized the principle of parity in bail applications, allowing bail when co-accused with similar roles have been granted bail, highlighting the absence of evidence suggesting tampering.
The court established that the bar on bail under the Atrocities Act does not apply to applications made under Sec. 439 of the CrPC, and emphasized the importance of distinguishing between instigation....
The court denied bail due to the serious nature of the offense and the risk of tampering with evidence, emphasizing the need for judicial integrity.
Cancellation of bail – There is clear distinction between cancellation of bail on the considerations provided under Section 439(2) Cr.P.C. and reversal of order of bail by superior Court.
The court ruled that the presence of the petitioner in CCTV footage and witness statements constituted a prima facie case, justifying the denial of bail.
The completion of investigation, filing of the charge sheet, and the requirement to complete the trial within a specified period under Section 14 of SC/ST Act influenced the court's decision to grant....
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