IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
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 petitioner in case FIR No.48 dated 19.02.2026, under Section 64(2) (M)/77/79/126(b), 308(2), 351(3) and 3(5) of BNS, 2023 read with Sections 376, 354-C, 509, 339, 110, 130 and 34 of IPC, registered at Police Station Urban Estate Hisar, District Hisar.
2. Briefly, the case of the prosecution is that on 19.02.2026 one Zero FIR No.01 dated 17.02.2026 under Sections 64(2)(m), 77, 79, 351(3), 308(2), 126(2), 3(5) of BNS Police Station Sadar, Jind was received in the Police Station Urban Estate, Hisar through post from the office of Superintendent of Police, Jind. Complainant-prosecutrix in her complaint mentioned that she was a student in Jat College. Accused Krishan was also studying in her class. On 01.01.2023, she alongwith 2-3 friends went to the P.G. of her sister in Hisar, where she was employed. Her other friends left after a short while and her sister departed for her duty. The accused Krishan and Ankush and she remained alone in the room. Krishan forcibly established physical relations with her and record
Anticipatory bail is a discretionary remedy not granted as a matter of right, especially in serious offenses where custodial interrogation is essential for recovering electronic evidence and ensuring....
Anticipatory bail should only be granted in exceptional circumstances; the seriousness of the allegations and need for investigation justifies denial of bail.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail denied as the serious nature of allegations necessitates custodial interrogation, regardless of the delay in lodging the FIR.
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