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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Himanshu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) by the petitioner seeking grant of regular bail in case bearing FIR No.121 dated 16.04.2024, registered under Sections 302 , 323, 506, 325, 201, 148, 149 IPC , at Police Station IMT Rohtak, District Rohtak.
2. As per the allegations on 15.04.2024, Rohit, son of complainant – Ajit had gone for a walk after having his supper and sometime thereafter the complainant heard some noises, on hearing which, he came out of his house and found that three youths, who were sitting on a scooty vehicle were present at the nearby liquor shop and were hurling abuses and shouting. His son had objected to the same and they were also abusing him. The complainant went towards them and asked them to stop. All three of them disclosed their names as Vishwajeet, Neeraj and Anuj on asking. They extended threats to the complainant and his son and then went away. Sometime thereafter, the above named accused came there along with 3-4 more youths and opened an assault upon Rohit by striking blows with lathis and dandas. The complainant along with some other pe
In absence of strong incriminating evidence from material witnesses, bail should be granted, emphasizing the principle of personal liberty.
The lack of specific overt acts against the petitioner, his injuries during the incident, and the protracted trial period justified his release on bail under Section 483 of BNSS.
Bail can be granted if the petitioner is a young first-time offender without evidence of flight risk or witness tampering, despite serious allegations against him.
Bail granted based on investigation status and judicial custody duration, subject to conditions.
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