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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Suraj Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 11 | 16.01.2025 | City Sangrur, District Sangrur, Punjab | 331(4), 305, 112, 317(2), 238 BNS, 2023 |
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 6 of the bail petition, the accused declares has the following criminal antecedents:
| Sr. No. | FIR No. | Year | Offenses | Police Station |
|---|---|---|---|---|
| 1 | 44 | 2024 | 457, 380 IPC | City Sangrur |
| 2 | 45 | 2024 | 457, 380 IPC | City Sangrur |
| 3 | 145 | 2024 | 457, 380 IPC | City Sangrur |
| 4 | 192 | 2024 | 331(4), 305 BNS | City Sangrur |
| 5 | 226 | 2024 | 331(4), 305 BNS | City Sangrur |
| 6 | 9 | 2025 | 331(4), 305 BNS | City Sangrur |
| 7 | 265 | 2024 | 379-B, 34, 201 IPC | City Sangrur |
3. The facts and allegations are being taken from the copy of FIR annexed with the petition, as per which the petitioner allegedly stole a sports bicycle and a pair of shoes, of which the bicycle was duly recovered.
4. The petitioner’s bail application No. BA/61/2025 was dismissed on February 3, 2025, as withdrawn by the Chief Judicial Magistrate, and his bail application number BA-630/04.03.2025 was dismissed on merits by the Additional Sessions Judge on March 18, 2025.
5. The alleged theft was
Even if the accused is a habitual offender, recidivism does not automatically negate the right to bail, especially for minor offenses. The presumption of innocence must be upheld.
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
The court affirmed that in cases triable by Magistrates, the discretion to grant bail should be exercised liberally, emphasizing the presumption of innocence and the importance of not prolonging dete....
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
Bail cannot be granted to a person who has not been arrested or for whom no warrant has been issued, and the concept of bail implies a form of previous restraint.
The court affirmed that both Magistrates and Sessions Courts possess the authority to grant default bail, even in the pendency of regular bail petitions.
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