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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Jaskaranjit Singh Gill – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
ANOOP CHITKARA, J. (Oral)
FIR No. | Dated | Police Station | Sections |
5 | 7.1.2025 | Division no.7, | 406/420/120-B IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 11 of the bail petition, the accused declares that he has no criminal antecedents.
3. As per the present FIR, which was registered on the basis of the complaint made by complainant Mohd. Nasar, the complainant had inherited land measure 161K-18 M at Vill. Kuliewal and land measuring 61K-1 M at Vill. Jamalpur Awana. His uncle Ali Mohd. expired on 19.9.1985 and his father expired on 22.6.2016. Out of the abovesaid land, some part of the land was leased out to one Raju for a period of five years. Eucalyptus trees were sown in some part of the land. On 19.9.2024, said Raju intimated the complainant that Sukhwinder Singh and Jaspreet Singh were cutting the eucalyptus trees with JCB and loading in their tractor-trolleys. When said Raju tried to stop them, they hurled abuses and threatened to kill him. When complainant reached the spot, he found that10/15 eucalyptus tre
Anticipatory bail granted as no substantial basis for pre-trial incarceration was found, emphasizing that evidence does not justify denying bail at this stage.
Anticipatory bail is justified when the evidence does not warrant custodial interrogation, especially for a petitioner not being the main accused.
Anticipatory bail granted, emphasizing rehabilitation over pre-trial incarceration; evidence insufficient to justify custodial interrogation.
The court held that anticipatory bail is warranted where pre-trial incarceration lacks justification, emphasizing the presumption of innocence and the nature of allegations.
Anticipatory bail granted when pre-trial incarceration is not justified, emphasizing that such incarceration should not replicate post-conviction sentencing.
Anticipatory bail granted due to lack of evidence tampering concerns and the nature of allegations suggesting a civil dispute rather than a criminal offense.
Anticipatory bail granted in a civil dispute context, with specific surrender and bail bond conditions imposed.
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