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SUMEET GOEL
Ashwani Sanan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.:-Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in FIR No.74 dated 21.09.2024 registered for offences punishable under Sections 323, 354-A, 498-A and 506 of IPC at Police Station Women Police Station, Yamuna Nagar, District Yamuna Nagar.
2. The gravamen of the FIR in question pertains to demand of dowry, harassment, cruelty,severe physical, emotional and mental abuse being meted out to the complainant by the accused including the petitioner. It was alleged by the complainant that she was married on 19.02.2022 with the son of the petitioner namely Sanchit Sanan. Before marriage, sufficient dowry and gifts were given to the petitioner (father-in-law) and his family. After the marriage, the complainant stayed for a day at Saffire Hotel, Yamuna Nagar. It is further stated in the FIR that the complainant endured harassment from her husband and in-laws, including forced unnatural relations, drug addiction, illicit affairs, and refusal to support household expenses. It was further alleged that the husb
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
Serious allegations of harassment leading to suicide can justify denial of anticipatory bail; the court must balance individual rights against societal interests.
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
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