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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Ankit – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
The instant appeal has been filed by the appellant for setting aside the order dated 01.03.2024 passed by the Court of learned Additional Sessions Judge, Panipat in case arising out of FIR No.330 dated 24.07.2022 registered under Sections 304-B, 34 and 498-A of IPC and Sections 3 (1) (r) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short 'SC&ST Act') at Police Station Model Town, Panipat, District Panipat, whereby prayer made by the appellant for grant of regular bail had been declined.
2. Brief facts of the case relevant for the purpose of disposal of the present appeal are that on 21.07.2022, on receipt of an information at the police control room, Panipat regarding admission of one Anjali wife of Ankit in Ravindra Hospital, Panipat as a case of hanging, a police party rushed towards the hospital and obtained opinion of doctor regarding the condition of the victim. She was opined to be unfit to make statement on that date as well as on 22.07.2022. On 23.07.2022, she had been referred to PGI Khanpur. On 24.07.2022, information was received regarding her death. On the same day, a written complaint
The court granted bail to the petitioner, finding insufficient evidence linking him to the dowry death, emphasizing the need for a fair trial and the lengthy custody period.
The court ruled that a complainant's retraction of allegations and declaration as hostile can justify the granting of bail, indicating insufficient grounds for continued detention.
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
Prosecution must provide sufficient evidence to establish guilt under IPC Sections 304-B and 498-A, otherwise, accusations remain unverified.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
A person is entitled to anticipatory bail if they are a similarly situated co-accused who has been granted bail, they have no criminal antecedents, and the medical evidence does not support the alleg....
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