PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Rakesh Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J. (Oral)
1. The present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No.105 dated 23.10.2024, under Sections 115(2), 126(2), 3(5), 351 (3) and 85 of BNS (Sections 117(2), 109(2) of BNS added later on), registered at Police Station Division No.2, District Jalandhar.
2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the present case at the instance of his wife who is the complainant by alleging that he has caused grievous injuries upon her. While referring to the FIR, he submitted that the marriage between the petitioner and the complainant-wife took place in the year 2002 and thereafter i.e. in the year 2007 a matrimonial dispute arose between the parties and an FIR under Sections 406 and 498-A IPC was lodged against the petitioner in which the petitioner was convicted by learned trial Court. However, later on a compromise took place between the parties and at the appellate stage on the basis of compromise, the petitioner was acquitted. He submitted that now again the present FIR has been lodged by alleging that the petitio
Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness of allegations and the necessity of custodial interrogation for thorough investigation.
Anticipatory bail may be denied when serious allegations exist and custodial interrogation is necessary for a fair investigation and the recovery of evidence.
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
The seriousness of the allegations and the potential obstruction of the investigation process can be grounds for denying anticipatory bail.
The gravity of the offense and the injuries suffered by the victim are crucial factors in determining the entitlement to anticipatory bail in cases involving civil disputes and allegations of organiz....
Anticipatory bail granted under Section 438 Cr.P.C. despite allegations of domestic violence, as custodial interrogation deemed unnecessary.
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