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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Varinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
87 | 18.05.2024 | Ajnala, Amritsar Rural | 307, 324, 323, 148, 149, 120-B IPC (Section 326 IPC added later on) and Sections 25/27/54/59 of Arms Act |
1. The petitioners 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. As per paragraph 11 of the reply, the accused have no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
'2. That the brief and relevant facts of the case are that aforesaid FIR No. 87 dated 18.05.2024 was registered on the basis of the statement of Lovely Kumar son of Harjinder Kumar, who had alleged therein that on 18.05.2024, he was drinking sugarcane juice on the roadside at Bhakha Hari Singh and about 02:15 PM, one Audi Car No. CH01- 4781 came from Ajnala side and the petitioner No. 2 Amandeep Singh was driving the aforesaid car and Sartaj Singh was sitting on the next seat and the coaccused Sukhdev Singh, Varinder Singh (petitioner No. 2) and Bunty were sitting on the back seat, who on seeing him stopped and alighted from the
The court identified that bail may be justified even with serious charges if pre-trial incarceration is not necessary, considering circumstances and rights to a fair trial.
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 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 even with prima facie evidence if further pre-trial detention is unjustifiable.
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 main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, imposition of restrictive conditions, and the balance between t....
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