IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
| Table of Content |
|---|
| 1. case background and prosecution allegations against the accused (Para 1 , 2) |
| 2. opposing arguments regarding consent and seriousness of charges (Para 3 , 4) |
| 3. evidentiary assessment of affidavit vs. ongoing criminal investigation (Para 5 , 6 , 7) |
| 4. differentiated adjudication based on individual culpability roles (Para 8 , 9) |
| 5. final order granting partial relief and investigation conditions (Para 10) |
JUDGMENT :
NEERJA K. KALSON, J.
1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail to the petitioners in case bearing FIR No.410 dated 02.12.2025, under Sections 69 , 89, 351(2), 3(5), 115(2) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Shivaji Nagar, Gurugram (Annexure P-1).
2. As per the prosecution case, applicant No.1, despite being a married man, established physical relations with the prosecutrix on multiple occasions on the pretext of a false promise of marriage; it is further alleged that he got the pregnancy of the prosecutrix terminated forcibly and extended threats to her and her family members. Insofar as applicant No.2, who is the wife of applicant
In anticipatory bail applications, a victim's affidavit withdrawing allegations is a relevant factor but not determinative. Courts must adopt a differentiated approach, assessing the gravity of alleg....
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