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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Jogender – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. bail application context and background. (Para 1 , 2 , 3) |
| 2. contentions of both parties regarding bail. (Para 4 , 5 , 6) |
| 3. court's perspective on pre-trial incarceration. (Para 7 , 8 , 10 , 11) |
| 4. bail conditions and judicial responsibilities. (Para 9 , 12 , 20 , 21) |
| 5. final order and directions for release. (Para 13 , 14 , 26 , 27) |
JUDGMENT :
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 2 | 07.01.2025 | Bawani Khera | 115/126/3(5)/351(3) BNS District Bhiwani (Section 61/109(2)/117(2) BNS added later on) |
1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking regular bail.
2. In paragraph 10 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 the present case was registered on application of Sonu Sharma son of Gopal Sharma in which he submitted that on 06.01.2025, at about 6.22 P.M. he received a call from an unknown person that his brother (Naveen) was lying on Pur road in injured condition, upon which, he reached at the spot
Bail can be granted based on age, lack of antecedents, and significant time already served, ensuring conditions are set to prevent influence on witnesses.
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.
The main legal point established in the judgment is the need for a balanced approach between personal freedom and the right of police investigation when considering the grant of bail.
The main legal point established in the judgment is the judicious exercise of discretion in granting bail, the imposition of stringent conditions to prevent interference with the judicial process, an....
The main legal point established in the judgment is the need for a judicious and compassionate exercise of discretion in granting bail, considering the cumulative effect of circumstances justifying t....
The court identified that bail may be justified even with serious charges if pre-trial incarceration is not necessary, considering circumstances and rights to a fair trial.
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