Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Gurkirat Kalra – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Namit Kumar, J.
1. Instant petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case FIR No.0107 dated 15.05.2024 registered under Sections 406, 420, 498-A, 506 IPC at Police Station City Jagraon, District Ludhiana Rural.
2. Briefly stated, present FIR has been registered on the complaint of complainant Rupinder Singh Chawla with the allegations that his daughter Sxxx who is a permanent resident (PR) in Surrey, Canada, married with the petitioner-Gurkirat Kalra on 05.03.2022 after meeting him through social media. He claims to have spent Rs. 6,50,000/- (Rs. Six Lakhs Fifty Thousand only) on the ring ceremony and Rs. 17,00,000/- (Rs. Seventeen Lakhs only) on the wedding. During the ring ceremony, he allegedly gave Rs. 11,000/- (Eleven Thousand only) each to the family members of the petitioner as shagun.
He also claims to have given gold ornaments and cash to various family members of the petitioner at the time of the wedding. The complainant further alleges that the immediate family members of the petitioner harassed his daughter with demands for additional dowry from the very beginning. He states that after t
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
The main legal point established is that in cases where only an offense under Section 498-A IPC is present, custodial interrogation may not be required, and the court may grant anticipatory bail base....
An anticipatory bail application can only be filed by persons present in India to ensure compliance with the court's conditions; presence in court is necessary for due process.
Criminal Law - Seeking to grant anticipatory bail - Section 438 Cr.P.C. protects the right to life and personal liberty of such persons by providing them with a remedy against frivolous detention. In....
The main legal point established in the judgment is the requirement of special circumstances to file anticipatory bail directly before the court and the need for a concrete belief of arrest based on ....
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
The court ruled that a person outside jurisdiction lacks grounds to seek anticipatory bail, emphasizing the need for presence in India to enforce bail conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
