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SUMEET GOEL
Shashi Sham – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of anticipatory bail to the petitioner in case bearing FIR No. 417 dated 25.07.2024, registered for the offences punishable under Sections 351(3), 75(2) & 78 of the Bharatiya Nyaya Sanhita, 2023 and under Section 12 of POCSO Act, 2012 at Police Station Sadar Bhiwani, District Bhiwani.
2. The case set up in the FIR in question (as set out in the petition by the petitioner) is as follows:
Anticipatory bail in serious offences, particularly those involving minors, requires careful consideration of the allegations and the potential impact on the investigation.
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair investigation.
Anticipatory bail is an extraordinary remedy, granted only in exceptional circumstances, particularly when serious allegations are involved.
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
Anticipatory bail eligibility requires balancing personal liberty against grave allegations of sexual harassment, emphasizing the need for thorough investigations without interference.
The court reaffirms that anticipatory bail is not to be granted where there is substantial evidence indicating involvement in serious offences affecting societal interests.
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