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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Gurcharan Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
| 44 | 01.06.2025 | Mulepur, District Fatehgarh Sahib | 329(3), 115(2), 118(1), 351(2), 191 and 190 BNS |
This order shall dispose of three petitions i.e. CRM-M-33799-2025, CRM-M- 34461-2025 and CRM-M-39149-2025, as the same have arisen out of common FIR and common prayer has been made in all the petitions. However, for brevity, facts are being taken from CRM-M-33799-2025.
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking anticipatory bail.
2. As per paragraph 14 of the petition(s), the petitioners have clean antecedents.
3. The facts and allegations are being taken from para 2 of the reply filed by the State, which reads as follows:
“2. That the brief facts of the case are that the present FIR was registered on the statement of Nirmal Singh, who stated to the effect that,
(i) He is an agriculturist. They are two brothers. They have 15 acres of land. He and his brother Ranjit Singh had executed an agreement with Harpreet Singh on 15.04.2019 for 28 kanals of land. The opposite party did not get executed sa
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
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.
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.
Bail should be granted unless compelling reasons exist, balancing the accused's liberty with victim protection, especially when the accused is a first-time offender.
The court considered the nature of allegations, injuries inflicted, and other factors peculiar to the case, and imposed stringent conditions to ensure the safety of the witnesses and the victim.
Bail can be granted based on age, lack of antecedents, and significant time already served, ensuring conditions are set to prevent influence on witnesses.
Bail should be granted unless compelling reasons exist, with conditions ensuring compliance and victim protection.
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