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JAGMOHAN BANSAL
Sanjeev Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner seeks bail under cr.p.c. for alleged enticement. (Para 1 , 2) |
| 2. petitioner's defense claims false implication and police misconduct. (Para 3 , 5) |
| 3. court emphasizes the right to liberty and police accountability. (Para 6 , 8) |
| 4. court allows bail under certain conditions. (Para 7) |
Judgment
Mr. Jagmohan Bansal, J.
The petitioner through instant petition under Section 439 Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is seeking concession of regular bail in FIR No.241 dated 21.10.2022 under Section 346 of INDIAN PENAL CODE , 1860 (for Short ‘IPC’) [ Sections 363 , 366, 366-A IPC added later on and Section 346 of IPC deleted later on while filing challan] registered at Police Station Haibowal, District Ludhiana.
2. The case of the prosecution is that on 21.1 0.2022, Bhanu Parkash-complainant made a statement alleging that he has two sisters aged 17 and 14 years, respectively. He received a telephonic call from his father at about 05:30 PM that both his sisters had gone for shopping but have not returned. He suspects that his sisters have been concealed at some place by some unknown persons. FIR came to be registered. On 16.11.2022, in the supplementa
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
The court's decision to grant bail was based on the completion of investigation, lack of necessity for the petitioner's custody, and the petitioner's willingness to comply with bail conditions, consi....
Point of Law : Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.
Petitioner in the alleged offence, the bail petitioner cannot be enlarged on bail, as he can tamper with the prosecution evidence and also flee from justice.
Point of Law : 8. Complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an....
The fundamental right of the accused to defend himself while not in custody is a crucial factor in considering bail applications.
POCSO Act – Grant of Bail - Love affair with the prosecutrix and entire story of prosecution that he kidnapped the prosecutrix and raped her, is concocted.
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