The High Court
Case Details
CRM-M-6901-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6901-2025 Reserved on: 13.02.2025 Pronounced on: 19.02.2025 Arun Kumar ...Pe(cid:12)(cid:12)oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:12)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:12)cipatory bail. An analysis of the above does not jus(cid:12)fy custodial interroga(cid:12)on or pre- trial incarcera(cid:12)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:12)ons and the other factors peculiar to this case, there would be no jus(cid:12)fiability for custodial interroga(cid:12)on or the pre-trial incarcera(cid:12)on at this stage. Without commen(cid:12)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:12)oned above, the pe(cid:12)(cid:12)oner makes a case for bail. 9. Given above, provided the pe(cid:12)(cid:12)oner is not required in any other case, the pe(cid:12)(cid:12)oner shall be released on an(cid:12)cipatory bail in the FIR cap(cid:12)oned above subject to furnishing bonds to the sa(cid:12)sfac(cid:12)on of the Arres(cid:12)ng Officer, and if the maJer is before a JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-6901-2025 Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:12)ng the surety, the concerned Officer/Court must be sa(cid:12)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:12)(cid:12)oner shall men(cid:12)on the following personal iden(cid:12)fica(cid:12)on details: 1. AADHAR number 2. Passport number (If available) and when the aJes(cid:12)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 11. This order is subject to the pe(cid:12)(cid:12)oner’s complying with the following terms. 12. The pe//oner is directed to join the inves/ga/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/gator. The pe(cid:12)(cid:12)oner shall be in deemed custody for Sec(cid:12)on 27 of the Indian Evidence Act, 1872/ Sec(cid:12)on 23 of BSA, 2023. The pe(cid:12)(cid:12)oner shall join the inves(cid:12)ga(cid:12)on as and when called by the Inves(cid:12)ga(cid:12)ng Officer or any Superior Officer and shall cooperate with the inves(cid:12)ga(cid:12)on at all further stages as required. In the event of failure to do so, the prosecu(cid:12)on will be open to seeking cancella(cid:12)on of the bail. During the inves(cid:12)ga(cid:12)on, the pe(cid:12)(cid:12)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The pe(cid:12)(cid:12)oner shall abide by all statutory bond condi(cid:12)ons and appear before the concerned Court(s) on all dates. The pe(cid:12)(cid:12)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:12)gator/Officer-In-Charge of the concerned Police Sta(cid:12)on arraigns another sec(cid:12)on of any penal offense in this FIR, and if the new sec(cid:12)on prescribes a maximum sentence that is not greater than the sec(cid:12)ons men(cid:12)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:12)on(s). However, suppose the newly inserted sec(cid:12)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:12)ons men(cid:12)oned above; then, in that case, the Inves(cid:12)gator/Officer-In-Charge shall give the pe(cid:12)(cid:12)oner no(cid:12)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-6901-2025 15. This bail is condi(cid:12)onal, and the founda(cid:12)onal condi(cid:12)on is that if the pe(cid:12)(cid:12)oner indulges in any non-bailable offense, the State may file an applica(cid:12)on for cancella(cid:12)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:12)ons and shall be competent to do so in accordance with the law. 17. Any observa(cid:12)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A cer(cid:12)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:12)(cid:12)oner can download this order along with case status from the official web page of this Court and aJest it to be a true copy. If the aJes(cid:12)ng officer wants to verify its authen(cid:12)city, such an officer can also verify its authen(cid:12)city and may download and use the downloaded copy for aJes(cid:12)ng bonds. 19. Pe00on allowed in terms men(cid:12)oned above. All pending applica(cid:12)ons, if any,
Arguments
Mr. M.D. Khan, Advocate and Mr. Ravi Kumar, Advocate for the pe(cid:12)(cid:12)oner. Mr. Naveen Kumar Sheoran, D.A.G., Haryana ANOOP CHITKARA, J. **** FIR No. Dated Police Sta0on 231 09.12.2024 Sector-17 Faridabad, District Faridabad Sec0ons 303(2) BNS 1. The pe(cid:12)(cid:12)oner apprehending arrest in the FIR cap(cid:12)oned above has come up before this Court under Sec(cid:12)on 482 of Bhara(cid:12)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:12)cipatory bail. 2. In paragraph 14 of the bail pe(cid:12)(cid:12)on, the accused declares that he has no criminal antecedents. However, as per paragraph 8 of the status report, the accused has the following criminal antecedents: Sr. No. 1. FIR No. Dated 147 12.04.2020 Offenses 188 IPC, 56 of DM Act, 2005 and 61/1/14 of Excise Act Police Sta0on DLF Phase-III, District Gurugram 3. The facts and allega(cid:12)ons are being taken from translated copy of the FIR as Annexure P-2, which reads as follows: “To, the Incharge Police Chowki Sector 16 Faridabad, request that I am Sahiram son of Mishri, resident of village Khedli Lala, P.S Sohna, District Gurugram. On 08-12-2024, I was coming from my village to get household goods from Sector 16 Army Canteen and came by bus /ll Ballabhgarh and from Ballabhgarh I took an auto and got down at RG JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-6901-2025 (Old Chowk) Chowk Red Light Faridabad and when I started paying the fare to the auto driver, I no/ced that my purse kept in my pocket was missing. My Punjab Na/onal Bank ATM card, Army Canteen card, Senior Ci/zen Card and about 800 rupees cash were in my purse. Some unknown person stole my purse and the above items kept in the purse. Sir, I request you to registered a case of the8 of my purse. And my stolen goods should be recovered.” 4. The pe(cid:12)(cid:12)oner's counsel prays for bail by imposing any stringent condi(cid:12)ons and contends that further pre-trial incarcera(cid:12)on would cause an irreversible injus(cid:12)ce to the pe(cid:12)(cid:12)oner and his family. 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:12)ons of the status report, which read as follows: “5. That the role of the pe//oner in this case is that the pe//oner along with co-accused had stolen the wallet carrying ATM Card, Army Canteen Card, Senior Ci/zen Card and about Rs. 800/- cash and withdrawn the cash by using the stolen ATM card of the complainant. The pe//oner and co-accused also purchased the household ar/cles from money by using the ATM card of the complainant.” REASONING: 7. Pre-trial incarcera(cid:12)on should not be a replica of post-convic(cid:12)on sentencing. The
Decision
stand disposed of. 19.02.2025 Jyo(cid:12)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 4