2024 Supreme(P&H) 1161
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J.
Satnam Singh – Petitioner
Versus
State of Punjab – Respondent
CRM-M-24068 of 2024
Decided On : 14-05-2024
Advocates Appeared:
Mr. Naresh Kumar Manchanda, Advocate; For the Petitioner
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair investigation.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Petition for anticipatory bail dismissed due to serious allegations of stalking and threats with a firearm - The court emphasized the need to balance individual rights with societal safety and the integrity of the investigation. (Paras 6 and 7)
(B) Judicial precedents - The court referred to various Supreme Court judgments outlining the parameters for granting anticipatory bail, emphasizing that such relief should be granted sparingly, especially in serious offences. (Paras 5 and 6)
Facts of the case:
The petitioner sought anticipatory bail in response to FIR No.76, alleging stalking and threats made against the victim, with the incident captured on CCTV. The FIR was filed 1.5 months after the alleged incident.
Findings of Court:
The court found the allegations serious and the petitioner unworthy of anticipatory bail, highlighting the potential impact on the victim and the need for a thorough investigation.
Issues: The main issues included the nature of the allegations, the delay in filing the FIR, and the balance between individual rights and societal safety.
Ratio Decidendi: The court ruled that the egregious nature of the allegations warranted denial of anticipatory bail, as it could hinder the investigation and pose a threat to the victim.
Result: Petition dismissed.
JUDGEMENT
Sumeet Goel, J. (Oral)
Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 438 of Code of Criminal Procedure, 1973 in FIR No.76 dated 19.04.2024 registered for offences punishable under Sections 354-D, 506, 34 of IPC and Sections 25, 27 of the Arms Act, 1959 at Police Station City Moga, District Moga.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner(s)) is as follows:-
"Application No. 1243-PC 7/24 dated 23.03.2024 by Amandeep Kaur daughter of Subeg Singh son of Mohan Singh resident of Guru Amar Das Nagar Zira Road Moga, Tehsil Moga, District Moga. The detail of application is as followed. To, SSP Sahib, City Moga. Subject: Application for taking legal action against the: 1 Satnam Singh son of Avtar Singh resident of Sadar Kot, Tehsil Dharamkot, District Moga. Mobile number 81466-00004 (8194000002 of Satnam Singh's brother Joginder Singh) 2-3 unidentified person. Sir, The petitioner humbly requests that:-1. That I am Amandeep Kaur daughter of Subeg Singh son of Mohan Singh, resident of Guru Amar Das Nagar, Zira Road, Moga, Tehsil Moga, District Moga. I am a law abiding citizen of India. 2. That I was studying in +2 class at Govt. Girls Senior Secondary School Moga. 3. That on 2.3.2024, I had examination at S.D. Model Senior Secondary School, Moga. 4. That on the date 2.3.2024, the said Satnam Singh etc. on his Thar Vehicle carried out a Reki near our house, the footage of which is also in the CCTV camera. 5. That on 2.3.2024, I was returning home by e-rickshaw after giving my examination, when I reached near the fish market Moga, the said accused Satnam Singh along with his three other accomplices on his Thar Vehicle having registration number PB-29 J-0663 started following me and as I was going to the market, the said Satnam Singh tried 2-3 times to give me his number, but I did not take his number. Satnam Singh threatened me at pistol point to get his number, but I did not get his number. I informed my father about this on the phone and when I reached near my house, suddenly my friend Jasmin Kaur came in front of the camera on a scooter. My father told me that you should stay near the camera. The partner of the said Satnam Singh dropped the number 81466-00004 and my father asked me to pick up the number written on the slip, on which I picked up the number. 6. That regarding this incident my mother Manjit Kaur gave an application at Police Station City Moga, which has handed over by SHO Sahib to Ramesh Lal ASI. Who called the said Satnam Singh etc. after 5-6 days, where he got information about the name of the said Satnam Singh. 7. That Ramesh Lal ASI pressured my father to compromise instead of taking any action against the said Satnam Singh etc, and they were released. Which is also in the footage of Satnam Singh etc. in the CCTV camera installed in the police station, which can be seen. 8. That, I am under shock regarding this incident and also telling to my parents to stop studying further, so that any untoward incidents do not happen to me. If there is any loss to me or our family, then the above said Satnam Singh etc. will be responsible. 9. That in this regard my father Subeg Singh had given an application to respected SSP Sahib Moga, which was marked to police station, City Moga-1 and which was being investigated by Charanjit Kaur ASI, in which I was called to give a statement. When I alongwith my parents went to Police Station City Moga, then Charanjit Kaur ASI send my parents out of the office and I found Charanjit Kaur ASI and another employee named Ganga, who was not in uniform. When Satnam Singh was presented before me by the said Police employees and I was asked that you know him, I said that I do not know him and only recognize him, who wrote my statement and I was threatened and it was also said that if your fault is found then a case will be registered against you. The way I wrote the st
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