IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
| Table of Content |
|---|
| 1. petition for anticipatory bail under the statutory framework of bns. (Para 1) |
| 2. conflicting contentions regarding bail, injury severity, and investigation requirements. (Para 2 , 3) |
| 3. criteria for bail focusing on injury severity and nature of the dispute. (Para 4 , 5 , 6) |
| 4. absence of necessity for custodial interrogation in cases involving simple injuries. (Para 7 , 8) |
| 5. grant of anticipatory bail subject to conditions and statutory safeguards. (Para 9 , 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 FIR No.77 dated 07.03.2026, under Sections 74 , 115(2), 191(3), 190 of BNS (Sections 354, 324, 148, 149 IPC), registered at Police Station Civil Lines Batala, Police District Batala, District Gurdaspur, wherein the allegations are that the accused in furtherance of their common intention, caused injuries to the complainant and outraged her modesty.
2. Learned counsel for the petitioners has contended that the impugned order passed by the Court below declining anticipatory bail is unsustainable in law. It is submitt
Pre-arrest protection may be granted when the injuries sustained are simple, the incident appears to be a localized altercation, and the specific role attributed to the accused does not necessitate c....
The court emphasized that anticipatory bail should not be granted in cases involving serious allegations, even if custodial interrogation is not necessary, focusing on the prima facie case and nature....
Custodial interrogation is essential for effective investigation when serious offences are alleged and weapons of offence remain unrecovered. Courts must balance individual liberty against societal i....
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