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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Naseeb – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J.
Relief Sought. The jurisdiction of this Court under Section 483 BNSS, has been invoked for grant of regular bail to the petitioner in case FIR No. 287, dated 26.08.2024, under Sections 109(1) of BNS, 2023 (Sections 109(3) of BNS added later on), registered at Police Station IMT Rohtak, District Rohtak, Haryana.
2. Facts
Facts as narrated in the FIR reads as under:-
'The brief facts of the prosecution case are that medical rukka from PGIMS, Rohtak was received in Police Station, IMT Rohtak on 25.8.2024 to the effect that complainant-Preety alias Nikki in injured condition on account of strangulation was admitted in PGIMS, Rohtak. On this information, the investigating officer has reached at Trauma Centre, PGIMS, Rohtak, whereby, he had received MLR of complainant, whereby doctor has given observation that there was one injury which was kept under observation. The application by the investigating officer for recording the statement of complainant was moved to the doctor whereby she was declared unfit for statement. The relatives present there had verbally informed the investigating officer that they would register the further proceedings when the complainant
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
Bail should not be denied solely based on the gravity of the offence, considering the principle of presumed innocence and the particular circumstances of the case.
The court held that despite serious charges, bail was granted based on the victim’s marriage to the accused and their family circumstances, emphasizing the presumption of innocence and the importance....
The court emphasizes the principle of presumption of innocence and the consideration of familial stability in granting bail, particularly when the victim has consented to marriage with the accused.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The presumption of innocence and the right to liberty dictate that pre-trial detention should not be punitive and bail should be granted unless there are compelling reasons against it.
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