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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Dalvir Singh Chahal @ Mithu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
257 | 10.10.2024 | Sahnewal, Ludhiana Distt. Police Commissionerate | 329(3), 62, 324(4), 324(5), 303(2), 351(1), 351(3), 61(2), 191(3), 190 of BNS, 2023 and 25, 27 of Arms Act |
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 8 of the bail petition i.e. CRM-M-55825-2024 and as per para 8 of the status report the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated | Offenses | Police Station |
1. | 229 | 16.12.2020 | 436, 120-B IPC | Sahnewal, Distt. Police Commissionerate |
2. | 193 | 03.11.2020 | 323, 294, 295, 506, 34 IPC | Sahnewal, Distt. Police Commissionerate |
3. | 126 | 29.05.2019 | 447, 511, 427, 506, 148, 149 IPC, 25/27 of Arms Act | |
4. | 142 | 25.07.2006 | 61 Excise Act | Sahnewal |
5. | 81 | 2010 | 15 of NDPS Act | Payal |
6. | 22 | 22.01.2011 | 307, 452, 427, 506 IPC | Payal |
7. | 198 | 436, 120-B IPC | Sahnewal | |
8. | 242 | 447, 506, 511, 148, 149, 120-B IPC | Sahnewal, Ludhiana |
3. In paragraph 2.14 of the bail petition i.e. CRM-M-56915-2024 and as per para 8 of the status report the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated/Year | Of | |
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
Bail should be granted unless compelling reasons exist, balancing the accused's liberty with victim protection, especially when the accused is a first-time offender.
The court considered the nature of allegations, injuries inflicted, and other factors peculiar to the case, and imposed stringent conditions to ensure the safety of the witnesses and the victim.
The main legal point established in the judgment is the need to consider the accused's criminal history, the nature of allegations, and the possibility of influencing the investigation and intimidati....
Bail should be granted unless compelling reasons exist, with conditions ensuring compliance and victim protection.
The court's decision to grant bail with stringent conditions was based on the petitioner's criminal antecedents, the period of pre-trial incarceration, and the need to prevent influencing the investi....
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.
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