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MANJARI NEHRU KAUL
Yashpal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. The petitioner is seeking the concession of anticipatory bail under Section 482 of BNS S in case FIR No. 545 dated 29.09.2024 under Sections 109(1), 115(2), 126(2), 190, 191(1) of the BNS registered at Police Station Adarsh Nagar, Ballabgarh, District Faridabad.
2. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was neither named in the FIR nor assigned any specific role in the alleged occurrence. In fact, the petitioner was not even present at the time of the incident. It has been asserted that the petitioner’s implication in the instant case is solely based on a disclosure statement allegedly made by co-accused Vipin, who falsely claimed that the petitioner was present with him when the complainant was assaulted. It has been argued that the said disclosure statement, apart from having minimal evidentiary value, is the only material against the petitioner, and there is no independent evidence linking him to the alleged crime. In view of these circumstances, the petitioner therefore, deserves the concession of anticipatory bail.
3. Notice of mot
Anticipatory bail can be denied when there is prima facie evidence of involvement in a crime, including corroborating witness statements and video footage.
The court denied anticipatory bail due to evidence of grievous harm and insufficient grounds for claim of false implication.
Anticipatory bail granted as petitioners were not named in FIR and no specific role attributed to them.
Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness of allegations and the necessity of custodial interrogation for thorough investigation.
The main legal point established in the judgment is the court's emphasis on the serious nature of the allegations, the evidence collected, and the need for custodial interrogation in cases involving ....
The court grants anticipatory bail, emphasizing the lack of specific allegations and the nature of injuries as simple, following Section 438 of Cr.P.C.
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