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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Ramesh @ Mahesh Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
1. Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.438 dated 12.09.2023, registered for the offences punishable under Sections 120-B, 304-B, 406 and 498-A of IPC at Police Station Kurukshetra University, Kurukshetra.
2. The FIR in question (as stated in the petition) reads as under:-
"Application for taking legal action against accused: 1. Deepak Kumar son of Mahesh Kumar, 2. Mahesh Kumar son of Khazana Jogi, 3. Raja wife Mahesh Kumar 4. Rahul son of Mahesh Kumar resident of village Hathira police station Kurukshetra 5. Manju w/o unknown, daughter of Mahesh Kumar Jogi. 6. Meena wife of unknown daughter of Mahesh Kumar 7. Neelam wife of unknown daughter of Mahesh Kumar.
Sir,
The applicant is making following request that:--
7. That yesterday, on dated 11.09.2023 at around 8 o'clock, the applicant received a phone call on the applicant's phone No.9991410679 from phone No.9306153200 of accused No.1 that we all have finished your sister. You have not fulfilled even a single demand of dowry. Now, come and take away your sister's dead body. The above-mentioned accused have killed
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged detention without trial is unjustifiable.
The court established that the welfare of women and the right to a speedy trial are critical factors in bail considerations, especially in cases involving serious allegations.
A second regular bail petition is permissible without statutory prohibition, but must demonstrate substantial change in circumstances; the severity of allegations influences bail considerations.
Second/successive bail petitions are maintainable if substantial changes in circumstances are demonstrated, and courts must provide clear reasons for granting such petitions.
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.
The court considered the welfare legislation pertaining to bail for women and the provisions of Section 437 and Section 439 of Cr.P.C in granting bail to the petitioner based on the totality of the f....
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