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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
| Table of Content |
|---|
| 1. petitioner's anticipation of arrest in an fir. (Para 1 , 2 , 3) |
| 2. arguments regarding petitioner's actions and allegations. (Para 4 , 5) |
| 3. state's opposition to bail based on allegations. (Para 6 , 7) |
| 4. role of petitioner in the alleged crimes. (Para 8) |
| 5. court's reasoning for granting bail. (Para 9 , 10) |
| 6. conditions for bail and obligations of the petitioner. (Para 11 , 12 , 13) |
| 7. regulations during investigation and testimony. (Para 14 , 15) |
| 8. consequences of violation of bail conditions. (Para 16 , 17) |
| 9. court's non-committal remarks on case merits. (Para 18) |
| 10. final order allowing the petition. (Para 19 , 20) |
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 measu
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 under BNS Act with specified conditions due to lack of need for custodial interrogation.
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.
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