Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Tirath Ram alias Tirath Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The present petition is the second attempt under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNS S ’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.99 dated 21.08.2024, registered for the offences punishable under Sections 103 , 191(3), 190 of , 2023 and Section 25 of the Arms Act and Section 238 of the , 2023 (added later on) at Police Station Sadar Nakodar, District Police Commissionerate Jalandhar.
2. The gravamen of the FIR in question reflects that the criminal proceedings were initiated based on a complaint filed by Charan Dass, who alleged that a few days prior to the incident, the petitioner Tirath Singh, alongwith 5/6 individuals, came to the residence of the complainant, used abusive language and threatened his son namely Kulwinder Singh @ Kindi. It was further alleged that a complaint in this regard was lodged at Police Post Kala Sanghia, but no action was taken. Furthermore, on the alleged day of occurrence i.e. 20.08.2024, at about 08:00-08:30 PM, son of the complainant namely Kulwinder Singh received a phone call from one Laddu and she immediately left
A second anticipatory bail petition requires substantial change in circumstances from the previous rejection, and mere hostility of a witness does not suffice for bail in serious homicide cases.
Serious allegations of harassment leading to suicide can justify denial of anticipatory bail; the court must balance individual rights against societal interests.
Anticipatory bail may be denied when serious allegations exist and custodial interrogation is necessary for a fair investigation and the recovery of evidence.
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
Anticipatory bail is an extraordinary remedy, granted only in exceptional circumstances, particularly when serious allegations are involved.
Second anticipatory bail petitions under Section 438 Cr.P.C. are maintainable if substantial changes in circumstances are demonstrated; mere reliance on new documents is insufficient.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
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
