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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Hardeep Singh Punia – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner's apprehension and allegations in fir. (Para 1 , 2 , 4) |
| 2. arguments regarding bail and its necessity. (Para 5 , 6 , 7 , 9) |
| 3. court's observations on bail conditions and proceedings. (Para 8 , 10 , 11 , 12 , 13 , 15 , 17 , 19) |
| 4. conditions on which bail granted and trial court's neutrality. (Para 14 , 18) |
| 5. final order granting petitioner's bail. (Para 20) |
JUDGMENT :
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
| 223 | 14.12.2024 | Talwandi Sabo, District Bathinda | 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 17 of the bail petition, the accused declares that he has no criminal antecedents.
3. Vide order dated 15.01.2025, interim protection was granted to the petitioner and the said order is continuing till date.
4. The facts and allegations are being taken from the translated version of FIR, Annexure P-1, which reads as follows:
“Copy of complaint no. 287, RAMA, Dated 05.10.2023, To, SSP, Bathinda. Subject Complaint for taking action against Gurnam Singh son of Mukhtiar Singh, Amarjit K
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 where no criminal offence is established and the matter is primarily civil in nature.
Anticipatory bail granted when allegations are based on documentary evidence; custodial interrogation deemed unnecessary given the age and health of the primary accused.
Anticipatory bail granted based on the petitioner’s status as a mere witness and claimed innocence.
Anticipatory bail granted as no substantial basis for pre-trial incarceration was found, emphasizing that evidence does not justify denying bail at this stage.
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