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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Sucha Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
1 | 10.02.2017 | Vigilance Bureau, Economic Offences Wing, District Ludhiana | 409, 420, 467, 468, 471, 120-B IPC and 13(1) (D) read with 13(2) of the PC Act (Section 201 IPC added later on) |
1. The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 19 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The petitioner contends that custodial interrogation and pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. The state's counsel opposes the bail. Reply dated 07.03.2024 filed by State counsel today in the Court is taken on record. Copy thereof has been supplied to counsel for the petitioner.
5. The prosecution case is being taken from
Anticipatory bail may be granted when the accused's involvement is minimal and custodial interrogation is not justified, provided stringent conditions are imposed to ensure compliance and prevent int....
Anticipatory bail can be granted even after prior custody if custodial interrogation is not justified, balancing individual rights with the necessity of a fair trial.
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
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