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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Kapil – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed 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.123 dated 28.03.2025, registered for the offences punishable under Sections 191 (3), 190, 115(2), 351(3), 109(1), 61(2), 117 of Act and Section 25 -54-59 of the Arms Act, at Police Station City Palwal, District Palwal.
2. The gravamen of the FIR in question reflects that on 28.03.2025, ASI Subhash, while present at the police post, received an information from the Palwal control room regarding a violent altercation in the village Patli Khurd arising from a land dispute. Responding promptly, ASI Subhash, accompanied by other police personnel, proceeded to the location in a government vehicle. Upon arrival, both disputing parties were initially counselled and directed to appear at the police post with their land ownership documents. Later that day, further information was received indicating a renewed clash at the same location. The police team returned to the spot but found no individuals present. However, weapons including sticks, ax
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 is an extraordinary remedy, granted only in exceptional circumstances, particularly when serious allegations are involved.
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 should be granted sparingly in serious offences, balancing individual rights with the need 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.
The main legal point established is that in cases of free fights and lack of specific attribution, the individual role of the accused must be carefully evaluated, and the applicability of specific le....
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