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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Sakir – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
CRM-13376-2024
Allowed as prayed for.
Main case
FIR No. | Dated | Police Station | Sections |
276 | 22.12.2023 | Nagina, District Nuh, Haryana | 13(3) and 13(1) of Haryana Gauvansh Sarakshan and Gausamvardhan Act, 2015 |
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 13 of the bail application, the accused declares that he has four cases pending against him.
3. Petitioner's counsel prays for bail by imposing any stringent conditions including surrender of fire arms, if any 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. While opposing the bail, the States counsel contends that given the criminal past, the accused is likely to indulge in crime once again released on bail.
5. In Maulana Mohd Amir Rashadi v. State of U
The main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious consideration of bail petitions, and the imposition of stringent conditions to....
Bail should be granted unless compelling reasons exist, such as risk of fleeing or tampering with evidence, with prior acquittals not counting against the petitioner.
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.
The judgment establishes the principle that bail decisions should consider the cumulative effect of circumstances, including the nature of the allegations, criminal history, and the need for stringen....
The court can grant bail with stringent conditions based on the criminal antecedents and nature of allegations, ensuring compliance and preventing influence on the investigation or intimidation of wi....
The main legal point established in the judgment is the need for the court to act judiciously with reasonableness when considering bail for an accused with a criminal history, and the imposition of s....
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