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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Sandeep Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as 'BNSS') in FIR No.50 dated 27.06.2024 registered for offences punishable under Sections 3, 4, 11(ii) of the Protection of Children from Sexual Offences Act (Amended) 2012, 2019 and offence under Sections 6, 10, 15, 16 of Protection of Children from Sexual Offences Act (Amended) 2012, 2019 vide G.D. No.25 dated 25.07.2024 (Annexure P-2) at Police Station Bajakhana, District Faridkot.
2. The case set up in the FIR in question (as spelled out in the present petition by the petitioner) is as follows:-
'Statement of Varinder Singh Son of Naib Singh Son of Ram Singh, resident of Near Dana Mandi, Village Ghania, aged about 34 years, M.No.73408- 55794 stated that I am resident of above-mentioned address and doing the work of Accounts on private basis at Bhagta Bhai Ka. My marriage was solemnized with Sandeep Kaur daughter of Inderjit Singh, resident of Village Sidhana, District Bathinda in the year 2014. I have two sons. Elder Son Wajinder Singh and younger Gursharan
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair investigation.
The main legal point established in the judgment is the importance of considering the nature and gravity of the accusations, the role of the accused, and the likelihood of tampering with evidence or ....
Serious allegations of harassment leading to suicide can justify denial of anticipatory bail; the court must balance individual rights against societal interests.
The immateriality of consent in cases involving minors and the potential misuse of sensitive material influenced the court's decision to dismiss the anticipatory bail petition.
Anticipatory bail in serious offences, particularly those involving minors, requires careful consideration of the allegations and the potential impact on the investigation.
The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
There is growing tendency of foisting false cases against biological father alleging sexual abuse misusing provisions of POCSO Act.
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