PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Saniya – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral) -
1. Relief Sought
This petition has been filed under Section 483 BNSS (The Bharatiya Nagarik Suraksha Sanhita 2023) for grant of regular bail to the petitioner in FIR No. 195 (Annexure P-1) dated 11.09.2024 under Sections 384, 379-B, 120-B of IPC, 1860 and Sections 147, 149 365, 506 of IPC added later on, registered at Police Station Dhauj, District Faridabad.
2. Prosecution story set up in the present case as per the version in the FIR reads as under:
'To the Commissioner of Police Sector-21C, Faridabad. subject: Application for taking legal action against accused Saniya daughter of Mubish resident of Lal Kothi, Near Medical Store Bochi and her other friends namely Saleem, Sallu @ Salman resident of village Fatehpur Kalan, Mubarik @ Kala and 4-5 unknown persons for taking of Rs. 1,50,000/- and demanding more money by putting a pressure to falsely involved in honey trap case. Sir, it is prayed that I, Arif son of Arshad resident of village Kharkajalalpur Tauru, Nuh Mewat and is a business of vehicles. I am married and have 5 children's i.e. 4 daughters and 1 boy and all children are small. On 16/17.02.2024 at about 7:00 PM, I received a telephonic
The right to a speedy trial and personal liberty are fundamental. When a trial is unlikely to conclude in the near future and the accused has undergone significant incarceration, bail should be grant....
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
The court emphasized the seriousness of both allegations and counter-allegations while granting bail, balancing the accused's community ties against the nature of the accusations.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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