High CourtsSingle Bench(2021) 12 P&H CK 0069

Manisha vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 22 December 2021

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 49721 Of 2021 (O& M)

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Judgment

8 paragraphs · 193 words

Anoop Chitkara, J

1.

The petitioner, apprehending arrest in FIR No.196 dated 02.07.2021, registered under Sections 323, 324, 307, 34 IPC, came up before this Court under Section 438 Cr.P.C., seeking anticipatory bail.

2.

Vide order dated 29.11.2021, this Court had granted interim anticipatory bail to the petitioner.

3.

Learned counsel for the petitioner submits that in compliance of the previous order dated 29.11.2021, the petitioner has joined the investigation.

4.

On the contrary, it has been argued by learned State counsel that in case this Court is inclined to give the bail to the petitioner then it should be subject to the strict and stringent conditions.

5.

In the present case, the main accused is Rahul not Manisha. Admittedly, Manisha did not cause any injury. Coupled with the facts that the petitioner is a woman, hence entitled to lenient provision of Cr.P.C. Further, given the entire facts and circumstances, no pre-trial incarceration is required.

Without commenting on the merits and the circumstances peculiar to this case, this Court is inclined to grant bail to the petitioner.

6.

Given above, the present petition is allowed. The order dated 29.11.2021 is hereby made absolute.