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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Gurjant Singh @ Laddi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. The petitioner in the instant (second) petition is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in case FIR No. 35 dated 05.05.2022 under Sections 302, 326, 325, 324, 323, 201, 148, 149 of the IPC registered at Police Station Qadian, Police District Batala, District Gurdaspur.
2. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated in the present case for allegedly being part of an unlawful assembly which attacked the complainant party, resulting in injuries on four persons and the death of one person, Joga Singh (hereinafter referred to as 'deceased'). Learned counsel has submitted that although the petitioner has been named in the FIR in question, however, unexplained delay of more than 34 hours in the filing of the FIR clearly hints towards a fabricated version having been brought forth by the complainant party on account of a previous land dispute between the parties.
3. It has been further submitted by learned counsel for the petitioner that even though the petitioner has been in custody since 11.05.2022, the trial has not concluded, and t
An accused may be granted bail if no specific allegations are made against them in serious assault cases, particularly where prolonged detention is evident.
The lack of specific overt acts against the petitioner, his injuries during the incident, and the protracted trial period justified his release on bail under Section 483 of BNSS.
Anticipatory bail can be denied when there is prima facie evidence of involvement in a crime, including corroborating witness statements and video footage.
Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness of allegations and the necessity of custodial interrogation for thorough investigation.
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