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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Kiranpal Singh Brar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘ BNS S ’) in FIR No.18 dated 17.03.2025 registered for offences punishable under Section 108 of the , 2023 and Section 107 of , 2023 (added later on) at Police Station Bariwala, District Sri Muktsar Sahib.
2. The gravamen of the FIR pertains to an incident in which the complainant namely Karanveer Kaur, wife of Gurlal Singh, resident of Marahak, District Faridkot (wife and mother of the deceased) stated that on the alleged day of occurrence her husband Gurlal Singh and her son namely Baljodh Singh, went on his motorcycle to fetch milk but did not return home. Later the complainant was informed that both had jumped into the Rajasthan Feeder Canal near village Warring Wali Jorrian. Their motorcycle and mobile phone were found at the roadside of the said canal. She alleged that her father-in-law namely Jagroop Singh had repaid loan(s) taken from Tarsem Singh s/o Gurditta Singh (Numberdar), Suba Singh S/o Kattar Singh, Manpreet Singh @ Meeta s/o Darshan Sin
Serious allegations of harassment leading to suicide can justify denial of anticipatory bail; the court must balance individual rights against societal interests.
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.
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
Anticipatory bail may be denied when serious allegations exist and custodial interrogation is necessary for a fair investigation and the recovery of evidence.
The main legal point established in the judgment is that demands for repayment of money, without evidence of instigation or mens rea, do not constitute abetment for suicide under Section 306 of the I....
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair investigation.
Anticipatory bail is an extraordinary remedy, granted only in exceptional circumstances, particularly when serious allegations are involved.
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