EMMANUAL MASIH ALIAS NEELU v. STATE OF PUNJAB
Case Details
CRM-M-2816-2025 -1- 207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-2816-2025 Date of decision: 25.03.2025 EMMANUAL MASIH ALIAS NEELU ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Arora, Advocate for the pe(cid:23)(cid:23)oner. Mr. Sukhdev Singh, AAG, Punjab. **** ANOOP CHITKARA, J. (ORAL) Pe11on for An1cipatory Bail under Sec1on 482 BNSS
Legal Reasoning
FIR No. 295 Dated 26.12.2024 Police Sta(cid:23)on Sec(cid:23)ons City Tarn Taran, District Tarn Taran 351(2) of BNS, 2023 and Sec(cid:23)on 67(A) of Informa(cid:23)on Technology Act, 2000 1. The pe(cid:23)(cid:23)oners apprehending arrest in the FIR cap(cid:23)oned above has come up before this Court under Sec(cid:23)on 482 of Bhara(cid:23)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:23)cipatory bail. 2. As per paragraph 17 of the bail pe(cid:23)(cid:23)on, the accused declares that two more case are pending against him and details of the same are as under:- Sr. No. FIR No. Date/Year Offenses 1. 2. 231 184 15.07.2023 420 IPC 11.9.2024 406, 420, 120-B, 506 IPC Police Sta(cid:23)on City Tarn Taran City Tarn Taran 3. The facts and allega(cid:23)ons are being taken from the short reply filed by the State, which reads as follows: Renu Bala 2025.03.27 14:30 I attest to the accuracy and integrity of this document "That the true facts pertaining to the present case are that on Mandeep Kaur wife of Kuldeep Singh, resident of Noor Di Adda, Gali CRM-M-2816-2025 -2- Sharmewali, Tarn Taran got recorded her statement before the inves(cid:23)ga(cid:23)ng officer to the effect that her marriage took place about 20 years ago with Kuldeep Singh son of Kehar Singh, resident of Noor Di Adda, Tarn Taran,
Legal Reasoning
according to religious customs. She has two children, her elder son Rajdeep Singh, age about 25 years, and her younger daughter Arshdeep Kaur, age about 22 years, both are married. Her husband Kuldeep Singh son of Kehar Singh, resident of Noor Di Adda, Tarn Taran had disagreements with her about 10 years ago, and now her husband is living with another woman. She is living with her children at her home. Her son's friend Samu Masih son of Gulfam Masih, resident of Purani Kachahri near Church, Tarn Taran, who used to frequently visit their house remained making rela(cid:23)ons with her under the pretext of marriage and made rela(cid:23)ons with her. In November 2024, while establishing illicit rela(cid:23)ons with her, he recorded an obscene video, then Samu Masih started talking to her daughter Arshdeep Kaur's sister-in-law, Ginni wife of Gurmej Singh and formed a rela(cid:23)onship with her. When she objected to this, Samu Masih started threatening and blackmailing her. When this came to the no(cid:23)ce of Ginni, she said that the obscene video which she has made of Mandeep Kaur, send it to her mobile as she wants to teach her a lesson by stopping her from talking to her. On this, Samu Masih sent the video made by him on 11.12.2024, at 09:51 AM, to Ginni's phone number 98556-11386, and Ginni and Samu Masih posted the video in other groups and made it viral and he made phone call to her and told her that the obscene video made by him has been made viral and now she can do whatever she wants to do and in this regard, the present case FIR No.295 dated 26.12.2024, under Sec(cid:23)on 351(2) of BNS & 27(A) of the Informa(cid:23)on Technology Act was registered at Police Sta(cid:23)on City Tarn Taran, District Tarn Taran against the pe(cid:23)(cid:23)oner namely Samu Masih alisa Emmanual Masih as well as co-accused namely Ginni." 4. Pe(cid:23)(cid:23)oner's counsle prays for bail by imposing any stringent condi(cid:23)ons and contends that pre-trial incarcera(cid:23)on would cause an irreversible injus(cid:23)ce to the pe(cid:23)(cid:23)oners and their family. He further submits that pe(cid:23)(cid:23)oner already handover the mobile to the Inves(cid:23)gator and now nothing is required and recovered from the pe(cid:23)(cid:23)oner. 5. State counsel opposes the bail on the ground that it has been yet to be verified that the pe(cid:23)(cid:23)oner had tampered the mobile phone or in any way deleted the data from it. Counsel for the pe(cid:23)(cid:23)oner submits that no such thing can be done and in case, it is found, he shall have no objec(cid:23)on if the State file an applica(cid:23)on for cancella(cid:23)on of bail. Renu Bala 6. 2025.03.27 14:30 I attest to the accuracy and integrity of this document It would be appropriate to refer to the following por(cid:23)ons of the reply, which CRM-M-2816-2025 read as follows: -3- "That as far as role of the pe(cid:23)(cid:23)oner namely Emmanual Masih alias Samu Masih is concerned, it is submiIed that the firstly, the pe(cid:23)(cid:23)oner has made obscene videos of the complainant and thereaJer, in order to take revenge of his insult done by the complainant, he has made the said obscene videos of the complainant viral which result into insul(cid:23)ng of her modesty. Moreover, the CDR of the pe(cid:23)(cid:23)oner clearly shows the involvement of the pe(cid:23)(cid:23)oner in commiKng the above said offence in connivance with the co- accused. As such, the pe(cid:23)(cid:23)oner has commiIed the serious offence and he is not en(cid:23)tled for the concession of an(cid:23)cipatory bail and his custodial interroga(cid:23)on is utmost required in the present case in order to recover his mobile phone and further to bring the inves(cid:23)ga(cid:23)on of the present case to its logical conclusion." REASONING: 7. Mobile phone which was used in crime already handover to Inves(cid:23)gator and no recovery is to be made from the pe(cid:23)(cid:23)oner. Pre-trial incarcera(cid:23)on should not be a replica of post-convic(cid:23)on sentencing. The evidence might be prima facie sufficient to launch prosecu(cid:23)on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an(cid:23)cipatory bail. An analysis of the above does not jus(cid:23)fy custodial interroga(cid:23)on or pre-trial incarcera(cid:23)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:23)ons and the other factors peculiar to this case, there would be no jus(cid:23)fiability for custodial interroga(cid:23)on or the pre-trial incarcera(cid:23)on at this stage. Without commen(cid:23)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:23)oned above, the pe(cid:23)(cid:23)oner makes a case for bail. 9. Given above, provided the pe(cid:23)(cid:23)oner is not required in any other case, the pe(cid:23)(cid:23)oner shall be released on an(cid:23)cipatory bail in the FIR cap(cid:23)oned above subject to furnishing bonds to the sa(cid:23)sfac(cid:23)on of the Arres(cid:23)ng Officer, and if the maIer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:23)ng the surety, the concerned Officer/Court must be sa(cid:23)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:23)(cid:23)oner shall men(cid:23)on the following personal iden(cid:23)fica(cid:23)on details: 1. AADHAR number 2. Renu Bala 2025.03.27 14:30 I attest to the accuracy and integrity of this document Passport number (If available) and when the aIes(cid:23)ng officer/court considers it appropriate or CRM-M-2816-2025 -4- considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. 12. This order is subject to the pe(cid:23)(cid:23)oner’s complying with the following terms. The pe(cid:9)(cid:9)oner is directed to join the inves(cid:9)ga(cid:9)on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves(cid:9)gator. The pe(cid:23)(cid:23)oner shall be in deemed custody for Sec(cid:23)on 27 of the Indian Evidence Act, 1872/ Sec(cid:23)on 23 of BSA, 2023. The pe(cid:23)(cid:23)oner shall join the inves(cid:23)ga(cid:23)on as and when called by the Inves(cid:23)ga(cid:23)ng Officer or any Superior Officer and shall cooperate with the inves(cid:23)ga(cid:23)on at all further stages as required. In the event of failure to do so, the prosecu(cid:23)on will be open to seeking cancella(cid:23)on of the bail. During the inves(cid:23)ga(cid:23)on, the pe(cid:23)(cid:23)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The pe(cid:23)(cid:23)oner shall abide by all statutory bond condi(cid:23)ons and appear before the concerned Court(s) on all dates. The pe(cid:23)(cid:23)oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14. In case the Inves(cid:23)gator/Officer-In-Charge of the concerned Police Sta(cid:23)on arraigns another sec(cid:23)on of any penal offense in this FIR, and if the new sec(cid:23)on prescribes a maximum sentence that is not greater than the sec(cid:23)ons men(cid:23)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:23)on(s). However, suppose the newly inserted sec(cid:23)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:23)ons men(cid:23)oned above; then, in that case, the Inves(cid:23)gator/Officer-In- Charge shall give the pe(cid:23)(cid:23)oner no(cid:23)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi(cid:23)onal, and the founda(cid:23)onal condi(cid:23)on is that if the pe(cid:23)(cid:23)oner indulges in any non-bailable offense, the State may file an applica(cid:23)on for cancella(cid:23)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observa(cid:23)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A cer(cid:23)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:23)(cid:23)oner can download this order along with case status from the official web page of this Court and aIest it to be a true copy. If the aIes(cid:23)ng officer wants to verify its authen(cid:23)city, such an officer can also verify its authen(cid:23)city and may download and use Renu Bala 2025.03.27 14:30 I attest to the accuracy and integrity of this document the downloaded copy for aIes(cid:23)ng bonds. CRM-M-2816-2025 -5- 18. Pe(cid:23)(cid:23)on allowed in terms men(cid:23)oned above. All pending applica(cid:23)ons, if any,
Decision
stand disposed of. 25.03.2025 renubala Whether speaking/reasoned: Whether reportable: Yes/No Yes/No ( ANOOP CHITKARA) JUDGE Renu Bala 2025.03.27 14:30 I attest to the accuracy and integrity of this document