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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Himanshu – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. allegations regarding the incident and the role of the petitioner. (Para 1 , 2) |
| 2. arguments regarding the petitioner's innocence and the gravity of accusations. (Para 3 , 4) |
| 3. court's observations on the evidence and witness testimonies. (Para 5 , 6) |
| 4. court's decision to grant bail based on evidence assessment. (Para 7) |
| 5. clarification on the case merits not being affected by the bail order. (Para 8) |
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 a
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.
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