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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Sachin Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of factual allegations and fir context. (Para 1 , 2) |
| 2. arguments presented by both petitioner and state. (Para 3 , 4) |
| 3. requirement of substantial change for successive bail. (Para 6 , 9 , 11) |
| 4. necessity of custodial interrogation for investigative integrity. (Para 7 , 8 , 10) |
| 5. final order of dismissal and assessment of costs. (Para 12) |
JUDGMENT
SUMEET GOEL, J. (ORAL)
Present petition is the second attempt under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (earlier Section 438 Cr. P.C.) for grant of anticipatory bail to the petitioner, in case bearing FIR No.1488 dated 22.12.2022, registered for the offences punishable under Sections 420/ 467/ 468/ 471 of the IPC, 1860 (now Sections 318(4), 338, 336(3) and 340(2) of the , 2023), at Police Station Sadar Hisar.
2. The gravamen of the allegations against the petitioner is that the Commandant, HAP-DURGA-Ist Battalion, Hisar wrote to SP, Hisar for registration of criminal case against candidate Divya Kumari No.3354/OI dated 06.12.2022. It was alleged that 698 female candidates had been allotted to the battalion for appointment to the post of Constable. As per the reports from t
A second anticipatory bail petition is maintainable only upon demonstrating a substantial change in circumstances. Absent such change, repetitive filings for the same relief constitute an abuse of th....
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
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....
The court reaffirms that anticipatory bail is not to be granted where there is substantial evidence indicating involvement in serious offences affecting societal interests.
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
The court dismissed anticipatory bail petitions due to the serious nature of allegations against the petitioner, emphasizing the need for custodial interrogation and the risk of witness tampering.
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