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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Sonu Pal – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.
Prayer
The jurisdiction of this Court has been invoked under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in FIR No.46, dated 25.02.2024 (Annexure P-1), under Sections 395, 384 and 120-B IPC (Sections 473 and 411 IPC added later on), registered at Police Station Sahnewal, Ludhiana.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
"Statement of unknown Amarjit Yadav son of Ram Nath Yadav resident of Village Parsa alias Sirsia, Police Station Tamkhuhi Road, District Khushinagar, U.P. at present resident of Street No. 6/7, New Satguru Nagar, Lohara, Police Station Sahnewal, Ludhiana aged about 43 Years, Mobile No.: 98726-49186. Stated that I am resident of the aforesaid address and is working as Manager at Bhavya Enterprises Factory, Kanganwala Road, Jaspal Bagar. Accounting of the company's money and accounting of the workers are also with me. On dated 24.02.2024, advance was distributed to the workers and I have brought its remaining amount at home and on dated 24.02.2024 at about 9:30 PM, I was present at my home. Then 7/8 unknown persons from outside who have tied their faces, who was carryin
The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The main legal point established in the judgment is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbanc....
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