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HARSH BUNGER
Rajesh Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. details of the alleged offense. (Para 1 , 4) |
| 2. petitioner's claims of innocence and argument for bail. (Para 5 , 6 , 8) |
| 3. court's assessment of custody duration and case progress. (Para 9 , 10) |
| 4. legal principle regarding consideration of prior offenses. (Para 11) |
| 5. conditions for granting bail. (Para 12 , 13 , 14) |
| 6. court's final remarks and order. (Para 15 , 16 , 17) |
JUDGMENT
Harsh Bunger, J.
Petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") for grant of regular bail in case FIR No.323 dated 28.05.2022 (Annexure P-1) registered under Sections 3 -A, 4, 6(a), 23 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (here-in-after referred as 'PNDT Act') ( Sections 3 , 5 and 6 of the 'PNDT Act' added later on) and Sections 420 and 120-B of the INDIAN PENAL CODE , 1860, (hereinafter referred as 'IPC') at Police Station Karnal Civil Lines, District Karnal.
2. Status report by way of an affidavit of Sh. Mukesh Kumar, HPS, Deputy Superintendent of Police (Headquarter), Karnal, on behalf of State of Haryana, has been filed, which is already on record.
3. Custody certif
The court considered the role attributed to the petitioner and the grant of bail to a similarly placed co-accused as key factors in allowing the bail application.
The court established that anticipatory bail in cases involving violations of the Pre-Natal Diagnostic Techniques Act is deniable due to the severe societal impact and the necessity for custodial int....
The court emphasized that bail should not be denied solely based on prior criminal history, focusing instead on the sufficiency of evidence and the likelihood of the accused appearing for trial.
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