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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Hushiar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
GD No. | Dated | Police Station | Sections |
24 | 10.09.2024 | Amloh, District Fatehgarh Sahib | 332-C, 115(2), 118, 190, 191(3), 109 of BNS, 2023 |
IN
FIR No. | Dated | Police Station | Sections |
114 | 30.08.2024 | Amloh, District Fatehgarh Sahib | 115(2), 118, 351(2), 3(5) of BNS, 2023 |
1. The petitioner apprehending arrest in the GD captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the GD, which reads as follows:
"At about this time, Const. Baljeet Singh came present in Police Station who stated as under and presented Roznamcha written by ASI Taranjeet Singh. The contents of which are, "statement of Harvir Singh son of Jaspal Singh resident of Bharpurgarh, Police Station Amloh, District Fatehgarh Sahib aged about 30 years, 84371-xxxxx stated that I am resident of aforesaid address and does labour. Gurtej Singh son of Dharam Pal Singh resident of village Bharpurgarh, Police Station Amloh, District Fatehgarh Sahib is son of my Taya (uncle). On 29.08.2024 at about
The court granted anticipatory bail, emphasizing that pre-trial incarceration is not justified based on the nature of allegations and the need to balance the accused's liberty with a fair trial.
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
The court emphasized the requisite balance between personal liberty and the necessity of pre-trial detention, highlighting Article 21's protection against unjust deprivation of liberty.
The court ruled that allegations of grievous injuries justified denial of anticipatory bail due to the severity of the charges and roles of the accused.
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