The High Court
Case Details
CRM-M-3953-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3953-2025 Reserved on: 17.02.2025 Pronounced on: 20.02.2025 Rakesh ...Pe(cid:10)(cid:10)oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sandeep Bhardwaj, Advocate, for the pe(cid:10)(cid:10)oner. Mr. Aashish Bishnoi, DAG, Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta0on Sec0ons 378 11.12.2024 Badli, Dis-. Jhajjar (Haryana) 190, 193(3), 115, 126, 287, 351(3), 110, 117(2) of BNS and Sec(cid:10)ons 25/54/59 of Arms Act 1.
Legal Reasoning
The pe(cid:10)(cid:10)oner apprehending arrest in the FIR cap(cid:10)oned above has come up before this Court under Sec(cid:10)on 482 of Bhara(cid:10)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:10)cipatory bail. 2. In paragraph 14 of the bail pe(cid:10)(cid:10)on, the accused declares that he has no criminal antecedents. 3. The facts of the case are being taken from translated copy of FIR annexed with bail pe(cid:10)(cid:10)on as Annexure P-1, which reads as follows: “To SHO sahab, Police Sta(cid:19)on Badli. Sir, I request that I Devendra S/o Ramesh, is resident of village Jakhoda, district Jhajjar and doing the work of agriculture. We are two brothers. I am the elder one and the younger one is Ravindra. On 10.12.2024, Mohit S/o Ramesh of village Jakhoda from our village was scheduled to get married in village Badli. I and my brother Ravindra le. for Badli in our respec(cid:19)ve vehicles at around 7 in the evening for the wedding. We reached the wedding at around 7:45, there some quarrel had taken place between the boys of the village. Everyone was pacified and sent back home. Ravindra had also le. the wedding venue in his vehicle, in the mean(cid:19)me four-five 1 JYOTI 2025.02.20 15:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-3953-2025 vehicles came and blocked the way by stopping in front of Ravindra's vehicle and Ravindra was alighted from the car. Mohit S/o Jogendra from my own village fired three shots in the air. Along with Mohit, Suraj, Mohit, Rakesh, Golu S/o Leela, Mohit Lathar village Goyala Kalan and 15 to 20 other boys a;acked Ravindra with s(cid:19)cks. They said that Ravindra be killed. Their nephew Golu is also included in this. They have inflicted many injuries to Ravindra. Then somehow by intervening, Ravindra was brought to Badli Golden Global Hospital. From there he was brought to Sanjeevani Hospital Bahadurgarh. Here, a.er wai(cid:19)ng, an applica(cid:19)on has been submi;ed that legal ac(cid:19)on should be taken against all of them.” 4. The pe(cid:10)(cid:10)oner's counsel prays for bail by imposing any stringent condi(cid:10)ons and contends that further pre-trial incarcera(cid:10)on would cause an irreversible injus(cid:10)ce to the pe(cid:10)(cid:10)oner and his family and refer para No. 8 of the pe(cid:10)(cid:10)on, which read as follows: “That it is relevant to submit that the injured was taken to a private hospital for treatment and not in the government hospital inten(cid:19)onally by the complainant party. Moreover, the complainant party disclosed to the doctor that the injured received injuries by some unknown persons the doctor has also men(cid:19)oned that the injured was heavily drunk when he was brought in the hospital. Some scuffle has taken place between the residents of the village in the marriage and the pe(cid:19)(cid:19)oner has falsely been implicated in the FIR.” The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:10)ons of the status report, 5. 6. which read as follows: “5. That in the statement of injured Ravinder, name of present pe(cid:19)(cid:19)oner is specifically men(cid:19)oned that he a;acked on the injured Ravinder with danda and there is specific allega(cid:19)on against him and sufficient evidence is available against the pe(cid:19)(cid:19)oner. The Danda used in the crime is to be recovered from the pe(cid:19)(cid:19)oner and vehicle used in the crime is also to be recovered and other accused are also to be arrested and as such custodial interroga(cid:19)on of the pe(cid:19)(cid:19)oner is required in the present case. If the present pe(cid:19)(cid:19)oner is released on bail, he can put pressure on the witnesses and can abscond from trial. 6. That there are 7 named accused in the present case and 15-20 JYOTI 2025.02.20 15:44 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-3953-2025 unnamed persons in the present case. Only one accused Sahil has been arrested and remaining accused are yet to be arrested and recovery of pistols, vehicle, s(cid:19)ck and rod is yet to be affected and as such the pe(cid:19)(cid:19)oner is not en(cid:19)tled to concession of an(cid:19)cipatory bail. 7. That the Danda/s(cid:19)ck used in the crime is to be recovered from the pe(cid:19)(cid:19)oner and vehicle used in the crime is also to be recovered and other accused are also to be arrested and recovery of pistol and Danda is also to be made and as such custodial interroga(cid:19)on of the pe(cid:19)(cid:19)oner is required in the present case. If the present pe(cid:19)(cid:19)oner is released on bail, he can put pressure on the witnesses and can abscond from trial.” REASONING: 7. A scuffle has taken place between the villagers in a marriage and allega(cid:10)ons against the pe(cid:10)(cid:10)oner are that he a-acked on injured-Ravinder with Danda. 8. Pre-trial incarcera(cid:10)on should not be a replica of post-convic(cid:10)on sentencing. The evidence might be prima facie sufficient to launch prosecu(cid:10)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:10)cipatory bail. An analysis of the above does not jus(cid:10)fy custodial interroga(cid:10)on or pre-trial incarcera(cid:10)on. 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:10)ons and the other factors peculiar to this case, there would be no jus(cid:10)fiability for custodial interroga(cid:10)on or the pre-trial incarcera(cid:10)on at this stage. 10. Without commen(cid:10)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:10)oned above, the pe(cid:10)(cid:10)oner makes a case for bail. CONDITIONS: 11. Given above, provided the pe(cid:10)(cid:10)oner is not required in any other case, the pe(cid:10)(cid:10)oner shall be released on bail in the FIR cap(cid:10)oned above subject to furnishing bonds to the sa(cid:10)sfac(cid:10)on of the Arres(cid:10)ng Officer, and if the ma-er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:10)ng the surety, the concerned Officer/Court must be sa(cid:10)sfied that if the accused fails to appear, such surety can produce the accused. JYOTI 2025.02.20 15:44 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-3953-2025 12. While furnishing a personal bond, the pe(cid:10)(cid:10)oner shall men(cid:10)on the following personal iden(cid:10)fica(cid:10)on details: 1. AADHAR number 2. Passport number (If available) and when the a-es(cid:10)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 13.
Legal Reasoning
This order is subject to the pe(cid:10)(cid:10)oner’s complying with the following terms. The pe(cid:10)(cid:10)oner shall abide by all statutory bond condi(cid:10)ons and appear before the concerned Court(s) on all dates. The pe(cid:10)(cid:10)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. The pe(cid:19)(cid:19)oner is directed to join the inves(cid:19)ga(cid:19)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:19)gator. The pe(cid:10)(cid:10)oner shall be in deemed custody for Sec(cid:10)on 27 of the Indian Evidence Act, 1872/ Sec(cid:10)on 23 of BSA, 2023. The pe(cid:10)(cid:10)oner shall join the inves(cid:10)ga(cid:10)on as and when called by the Inves(cid:10)ga(cid:10)ng Officer or any Superior Officer and shall cooperate with the inves(cid:10)ga(cid:10)on at all further stages as required. In the event of failure to do so, the prosecu(cid:10)on will be open to seeking cancella(cid:10)on of the bail. During the inves(cid:10)ga(cid:10)on, the pe(cid:10)(cid:10)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 15. Given the nature of the allega(cid:10)ons and the other circumstances peculiar to this case, the pe(cid:10)(cid:10)oner shall not enter the property, workplace, and residence of the vic(cid:10)m un(cid:10)l the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condi(cid:10)on to rule out any a-empt by the accused to incapacitate, influence, or cause any discomfort to the vic(cid:10)m. Reference be made to Vikram Singh v Central Bureau of Inves(cid:10)ga(cid:10)on, 2018 All SCR (Crl.) 458); and Aparna Bha- v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. Given the background of allega(cid:10)ons against the pe(cid:10)(cid:10)oner, it becomes paramount to protect the members of society, and incapacita(cid:10)ng the accused would be one of the primary op(cid:10)ons un(cid:10)l the filing of the closure report or discharge, or acqui-al. Consequently, it would be appropriate to restrict the possession of firearms. [This restric(cid:10)on is being imposed based on the preponderance of the evidence of probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as JYOTI 2025.02.20 15:44 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-3953-2025 such, it is not to be construed as an intermediate sanc(cid:10)on]. Given the nature of the allega(cid:10)ons and the other circumstances peculiar to this case, the pe(cid:10)(cid:10)oner shall surrender all weapons, firearms, and ammuni(cid:10)on, if any, along with the arms license to the concerned authority within fiMeen days of release from prison and inform the Inves(cid:10)gator of the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:10)(cid:10)oner shall be en(cid:10)tled to renew and reclaim them in case of acqui-al in this case, provided otherwise permissible under the concerned rules. Restric(cid:10)ng firearms would ins(cid:10)ll confidence in the vic(cid:10)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:10)ng the offense. 17. The condi(cid:10)ons men(cid:10)oned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe(cid:10)(cid:10)on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condi(cid:10)ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor(cid:10)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:10)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:10)ons that would result in the depriva(cid:10)on of rights and liber(cid:10)es must be eschewed.” 18. In case the Inves(cid:10)gator/Officer-In-Charge of the concerned Police Sta(cid:10)on arraigns another sec(cid:10)on of any penal offense in this FIR, and if the new sec(cid:10)on prescribes a maximum sentence that is not greater than the sec(cid:10)ons men(cid:10)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:10)on(s). However, suppose the newly inserted sec(cid:10)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:10)ons men(cid:10)oned above; then, in that case, the Inves(cid:10)gator/Officer-In-Charge shall give the pe(cid:10)(cid:10)oner no(cid:10)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 19. It is clarified that if the pe(cid:10)(cid:10)oner violates any bail condi(cid:10)on, the State and/or the vic(cid:10)m may file an applica(cid:10)on for bail cancella(cid:10)on before the trial court, which shall be competent to cancel the bail or add more condi(cid:10)ons. Furthermore, if the pe(cid:10)(cid:10)oner moves for dele(cid:10)on or dilu(cid:10)on of any bail condi(cid:10)ons, the trial court is empowered to do so. 20. This bail is condi(cid:13)onal, and the founda(cid:13)onal condi(cid:13)on is that if the pe(cid:13)(cid:13)oner indulges in any non-bailable offense, the State may file an applica(cid:13)on for cancella(cid:13)on of this bail before the Sessions Court, which shall have the liberty to JYOTI 2025.02.20 15:44 I attest to the accuracy and integrity of this order/judgment. 5 CRM-M-3953-2025 cancel this bail. 21. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:10)ons and shall be competent to do so in accordance with the law. 22. Any observa(cid:10)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 23. A cer(cid:10)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:10)(cid:10)oner can download this order along with case status from the official web page of this Court and a-est it to be a true copy. If the a-es(cid:10)ng officer wants to verify its authen(cid:10)city, such an officer can also verify its authen(cid:10)city and may download and use the downloaded copy for a-es(cid:10)ng bonds. 24. Pe00on allowed in terms men(cid:10)oned above. All pending applica(cid:10)ons, if any,
Decision
stand disposed of. 20.02.2025 Jyo0-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.20 15:44 I attest to the accuracy and integrity of this order/judgment. 6