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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Deepak – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The petitioner is seeking the concession of bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in case FIR No.47 dated 06.02.2022 under Sections 302, 323 of the IPC registered at Police Station Khedki Dhaula, District Gurugram.
2. Learned counsel for the petitioner submits that the allegations levelled against the petitioner in the FIR, lodged by his brother-in-law are highly improbable and baseless. The complainant has accused the petitioner of murdering his wife and minor daughter. However, it is argued that the false implication of the petitioner is evident from the fact that his son, who allegedly witnessed the crime in question, did not support the case of the prosecution and was declared hostile.
3. Furthermore, it is emphasized that even the neighbours of the petitioner who allegedly informed the complainant about the crime and purportedly took the deceased to the hospital, have also turned hostile during the trial. These material witnesses turning hostile as per learned counsel, underscored the fabricated nature of the allegations.
4. Learned counsel further contends that the petitioner has been in custody since 06.02.2022 and
Bail applications must consider the nature and severity of the offence, potential flight risk, and the likelihood of influencing witnesses, especially when based on circumstantial evidence.
The court granted bail due to lack of direct evidence against the petitioners and prolonged custody without trial, emphasizing the importance of fair trial rights.
The decision to grant bail in a criminal case is based on the stage of trial, examination of witnesses, and the likelihood of further delay in the trial.
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