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MANISHA BATRA
Narinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J.
CRM-48740 of 2024
The application is allowed as prayed for and pendrive along with Certificate under Section 63 of Bharatiya Sakshya Adhiniyam (earlier Section 65-B Indian Evidence Act), is taken on record.
Main Case
1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in the FIR mentioned below:
| FIR No. | Dated | Police Station | Sections |
| 132 | 29.09.2024 | Dakha, District Ludhiana Rural | 115(2), 117 (2), 190, 191(3), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (110 and 117 (4) of BNS added later on) |
2. The aforementioned FIR was registered on the basis of statement recorded by the complainant-Dalbir Singh alleging therein that he had performed marriage with Manjit Kaur on 05.07.2024. Manjit Kaur had left her matrimonial home on 16.07.2024. On 28.09.2024, he received a message through his friend that Manjit Kaur wanted to meet him at Baba Chicken, Mullanpur. On the same day, on receipt of this information, the complainant went to meet her at the shop of Baba Chicken Mullanpur wh
Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness of allegations and the necessity of custodial interrogation for thorough investigation.
Anticipatory bail granted under Section 438 Cr.P.C. despite allegations of domestic violence, as custodial interrogation deemed unnecessary.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
The court emphasized the necessity of custodial interrogation in serious offences, balancing individual rights against public interest, and found sufficient prima facie evidence of the applicant's in....
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