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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Gajju Ram – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
29 | 15.07.2024 | Vigilance Bureau Patiala, District Patiala | 308(2), 61(2) of BNS, 2023 (Section 380, 120-B IPC ) and Section 3 of Prevention to Damage to Property Act, 1984 |
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 12 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
2. That pursuant to the order by Hon'ble Court, it is submitted that the brief facts are as following:-
The FIR No.29 Dated 15.07.2024 U/s 7A PC Act 1988 as amended by PC (Amendment) Act 2018 and 308(2), 61(2) The Bharatiya Nyaya Sanhita was registered at Vigilance Bureau Patiala Range Patiala on Statement of Mahinder Singh Process server (Piyada). He Stated in his statement that, I am appointed as a Process server (Piyada) in the court of Hon'ble Gurveer Singh, Civil Judge (Senior Division), Barnala. During April 2024, a complaint No. 152718 was lodged against me on the An
Article 21 of Constitution of India provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
Anticipatory bail is not a matter of right and should be denied in corruption cases where substantial evidence exists, to prevent interference with the investigation.
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