Bharatiya Nagarik Suraksha Sanhita, 2023
Section 483—Regular bail—FIR registered under Sec. 69 of the Bharatiya Nyaya Sanhita—Case of failed promise to marry after a courtship period—Evidence, including whatsapp messages, suggested that allegations were contradictory—Case appeared to be one of a broken matrimonial promise rather than a completed offense—Applicant’s sudden arrest also caused him severe loss, including termination of his Dubai job and a three year UAE work ban, even though he initially got interim bail during which period he expressed willingness to marry—Marriage proposal fell through due to irreconcilable differences—Applicant then surrendered and his regular bail plea was rejected by the ASJ and continues to be under incarceration—Further continued incarceration would cause undue hardship to the applicant’s family and serve no useful purpose, especially when the trial is not likely to conclude in the near future, as it violates the fundamental rule, i.e. bail is the rule and jail an exception— Case for bail is made out—Applicant is enlarged on bail—Application allowed.
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