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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Jassa Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
41 | 11.07.2024 | Talwandi Chaudharian, District Kapurthala | 118(l)/3(3) of BNS and 109 of BNS added later on |
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 10 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the copy of FIR (AnnexureP-1), which reads as follows:
"Statement of Bohar Singh son Singh resident Ferozepur, on of Ke, of Pritam P.S. our firm Sadar Bare Distt. Ferozepur aged about 31 years Mob. No. 98152-95994 stated that I am resident of above mentioned address. We are doing the work of filling the earth on the roads. From the last three months, namely Parminder Trading Company is filling the Delhi-Jammu Katra Highway the earth near Talwandi Chaudharian. Gurpreet Singh son resident of Village of Bikkar Singh is Saner Road, Zira, Distt. Ferozepur who is the is also son of my maternal uncle and he working with us. On 10.07.2024 at about 11:30 O' clock I and Sukhpal Singh son of Nasib
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.
Anticipatory bail is justified when the evidence does not warrant custodial interrogation, especially for a petitioner not being the main accused.
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 main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
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