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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Arun Alias Joni Rana – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The present second petition under Section 483 of BNSS, 2023 has been filed by the petitioner seeking regular bail in FIR No.0066 dated 26.03.2024 registered under Sections 323, 376(2)(n), 506 of IPC at Police Station Matlauda, District Panipat.2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:
'Complaint is an under, SHO Police Station Matlauda. Respected Sir, my name is Geeta and I was married at Village Kavi, one boy from Village Malishiana came to my house whose name is Jonny Rana he came to my house in a relation of brother and sister but after sometime he kept wrong eye on me. He gave me sleeping pills and took my pictures and after that he started blackmailing me and made physical relation with me and also called me outside. My husband was admitted in Rehab Centre and i remain alone at my house and with this reason he takes advantage of me when i denied to meet him outside and also stopped him to enter my house then on 10th of March at night he jumped into my house and had done forcefully and gave beatings to my 14-year-old daughter and to me. On 11th of March again he called me outside of th
A second regular bail petition is permissible without statutory prohibition, but must demonstrate substantial change in circumstances; the severity of allegations influences bail considerations.
The court established that serious allegations of sexual offenses and extortion, coupled with the petitioner's criminal history, are sufficient grounds to deny bail.
Successive bail petitions are permissible if substantial changes in circumstances are demonstrated, ensuring the rights of the accused and the victim are balanced.
Second or successive bail petitions are maintainable when substantial changes in circumstances occur; however, public safety and the gravity of the offence must be prioritized.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
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