IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Tirath Ram alias Tirath Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background of anticipation of bail petition. (Para 1 , 2) |
| 2. change in circumstances for bail petition. (Para 3) |
| 3. opposition to the bail petition based on seriousness of the offense. (Para 4) |
| 4. judicial precedents on anticipatory bail. (Para 5 , 6 , 7) |
| 5. considerations in granting anticipatory bail. (Para 8 , 9 , 10 , 11) |
| 6. dismissal of the bail petition. (Para 12) |
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 ab
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.
A second or successive petition for anticipatory bail is maintainable but requires a substantial change in circumstances to succeed. Repetitive filings for the same relief without such changes consti....
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