MANISHA BATRA
Lovely – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. introduction of the factual background and charges. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties. (Para 6 , 7) |
| 3. court’s observations on the case. (Para 8) |
| 4. issues related to prima facie case involvement. (Para 9) |
| 5. decision regarding the bail petition. (Para 10 , 11) |
JUDGMENT :
Mrs. Manisha Batra, J.
The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) by the petitioner seeking grant of regular bail in case bearing FIR No. 398 dated 19.07.2022 registered under Sections 385 and 420 of IPC ( Sections 388 , 420, 120-B and 180 of IPC added later on) at Police Station Sadar Jind, District Jind.
2. As per the prosecution case, the present petitioner had lodged a case bearing FIR No. 548 of 2021 under Sections 354 , 506 and 376 read with Section 511 of IPC and under the provisions of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act, 1989’) at Police Station Sonipat against ASI Satish, brother of the present complainant. The abovesaid Satish had been arrested in that case and was in custody. The complainant lodged the aforementioned
The court emphasized that in cases involving serious allegations, the absence of direct evidence and prolonged custody may warrant the granting of bail.
Bail is the rule while detention is an exception; considerations include duration of custody and absence of potential harm to society.
The court considered the duration of custody, examination of prosecution witnesses, and the grant of bail to a co-accused as key factors in deciding the bail application.
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