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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Rajan Dass – Appellant
Versus
State Of Ut Chandigarh – Respondent
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
467 | 19.12.2023 | Sector-36, Chandigarh | 420, 467, 468, 471 IPC |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023, [ BNSS ], seeking regular bail.
2. Per paragraph 14 of the bail application, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Date | Offenses | Police Station |
1 | 422 | 15.11.2023 | 419, 420, 467, 468, 471, 120-B IPC | Sector 36 |
2 | 07 | 12.01.2024 | 419, 420, 467, 468, 471, 120-B IPC | Sector 36 |
3 | 124/2019 | - | 419, 420, 467, 468, 471, 120-B IPC | Ambala City |
4 | 221/2014 | - | 419, 420, 467, 468, 471 IPC | Ambala City |
5 | 131/2021 | - | 420, 467, 468, 471, 120-B IPC | Fatehgarh Sahib |
6 | 104 | 31.08.2016 | 419, 420, 468, 471 IPC | Fatehgarh Sahib |
3. The facts and allegations are being taken from translated version of FIR, which reads as follows:-
'Respected SHO Sir, it is requested that a Court Order CNR No: CHCH020039082023, CIS No: EXE/593/2023 in Case KRISHNA DEVI VS VINOD MANOCHA etc issued by the court of Sh. Puneet Mohinia, Civil Judge Jr. Division, Chandigarh, UID No. PB00497 to registered case under U/S 420 IPC and Other relevant Sections against Gurinder Singh S/o Ragh
The court recognized that continued pre-trial incarceration without sufficient justification may constitute an injustice to the appellant, thereby granting bail under specified conditions.
Bail should be granted unless compelling reasons exist to deny it, emphasizing judicial discretion and the presumption of innocence.
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.
Bail can be granted based on age, lack of antecedents, and significant time already served, ensuring conditions are set to prevent influence on witnesses.
The main legal point established in the judgment is the need for judicious and compassionate exercise of discretion in bail decisions, along with the imposition of stringent conditions to prevent int....
The court emphasized the need for judicious and compassionate exercise of discretion in granting bail, imposing stringent conditions to prevent influencing the investigation, tampering with evidence,....
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
Granting anticipatory bail based on the bailable nature of the offenses and the specific circumstances of the case.
The grant of bail is entirely within the discretion of the judge and must be exercised judiciously, compassionately, and in a humane manner.
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