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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Rohtash Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
485 | 05.11.2024 | Nissing, Distt. Karnal | 420, 120-B IPC |
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 9 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts of the case are being taken from the translated copy of FIR annexed with the bail petition as Annexure P-1, which reads as follows:
"xxx To the Respected S.P. Sahab Ji, Karnal. Subject:- Application for taking legal action against accused No.1, Radha Devi Widow of Pasi Ram, 2. Janu (Mobile Number 99960-xxxxx), 3-Gaurav, Sons of Late Pasi Ram son of Sh. Sube Singh and 4.Shekhar, 5.Sagar (Mobile Number 99966-xxxxx), Sons of Shamsher Singh son of Sh. Sube Singh, residents of Village Ongad, Police Station Nissing, District Karnal and 6.Halqa Patwari Lakhan Pal (Mobile Number: 98139-xxxxx) and Retired Patwari Rohtash (Mobile Number:98966-xxxxx) and 7.H.D.F.C. Bank Manager Branch Nissing Sh. Kapish (Mobile No: 93153-xxxxx for committng fraud with the applicant in connivance with offi
The court held that anticipatory bail is warranted where pre-trial incarceration lacks justification, emphasizing the presumption of innocence and the nature of allegations.
Anticipatory bail granted when pre-trial incarceration is not justified, emphasizing that such incarceration should not replicate post-conviction sentencing.
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.
Anticipatory bail granted as no substantial basis for pre-trial incarceration was found, emphasizing that evidence does not justify denying bail at this stage.
The Court balanced the rights of the accused and the needs of the investigation, imposing stringent conditions to address concerns of influencing the investigation and fleeing justice.
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