23.07.2025 HANNAN STATE OF HARYANA v. Pe(cid:8)(cid:8)oner
Case Details
CRM-M-8444-2025 :1: 202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8444-2025 Date of Decision: 23.07.2025 HANNAN STATE OF HARYANA Versus ...Pe(cid:8)(cid:8)oner …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Saksham Khunger, Advocate for the pe(cid:8)(cid:8)oner. Mr. Atul Gaur, AAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta(cid:8)on Sec(cid:8)ons 220 04.06.2024 Ferozepur Jhirka, District Nuh 5/13(2) and 17 of the Gauvansh Haryana and Sanrakshan Gausamvardhan Act, 2015 and 11-59-60 of the Preven(cid:8)on of Cruelty to Animals Act, 1960 and 279 and 336 of IPC 1. The pe(cid:8)(cid:8)oner apprehending arrest in the FIR cap(cid:8)oned above has come up before this Court under Sec(cid:8)on 482 of Bhara(cid:8)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:8)cipatory bail. 2. Per paragraph 6 of the bail applica(cid:8)on, the pe(cid:8)(cid:8)oner has the following criminal antecedents: Sr. No. 1. FIR No. 170 Date 07.05.2024 Offenses 3/3(1), 8/13(3), 17 of Haryana Gauvansh and Gausamvardhan Act Sanrakshan Police Sta(cid:8)on Sadar, Nuh 3. The facts and allega(cid:8)ons are being taken from the reply dated 18.02.2025 filed by the State, which reads as follows: “That the brief facts of the present case are that on 04.06.2024, the police patrolling team received an informa(cid:27)on from secret informer that Hannan S/o Subedin (present pe(cid:27)(cid:27)oner), Bandal S/o Yunus, Badru S/o Khurshid, Sher Mohd. @ Sheru S/o Hasan Mohd., Shehjad S/o Jangi have been involved in business of cow slaughtering and today also, Hannan along Priyanka Thakur 2025.07.28 10:14 I attest to the accuracy and integrity of this document CRM-M-8444-2025 :2: with above said persons, in his Pick-up vehicle (without having any registra(cid:27)on number plate), will transport the cows from Haryana to Rajasthan for purpose of slaughtering. If barricades be installed, they can be apprehended along with the cows. The police installed barricades at the place informed by secret informer where, a0er 10 minutes, one vehicle pick-up was seen coming from Ferozpur Jhirka and signal was given to driver to stop the vehicle but the driver of said vehicle, instead of stopping the same, sped up his vehicle and a0er breaking the barricades fled away towards Rajasthan by taking advantage of the footpath. However, because of the same, the rear tyre of said vehicle burst and in order to avoid their arrest, one person jumped from the driver side and one person jumped from the conductor side and three persons jumped from the body of said vehicle and fled away from the spot by taking advantage of darkness, forest and hilly area leaving behind the vehicle at the spot. However, the secret informer iden(cid:27)fied the driver as Sher Mohammad, the person running from the conductor seat as Hannan and the other three persons as Bandal, Badru and Shehzad. The vehicle was found without any registra(cid:27)on number plate. On search of said vehicle, total 7 ca8le / gauvansh who were confined in said vehicle in injured condi(cid:27)on in cruel manner and one plas(cid:27)c sack having one knife, one axe and 11 meter rope were found in said vehicle which were taken into police possession. The vehicle was iden(cid:27)fied by help of chassis and engine number and the registra(cid:27)on number was found as HR-74-B-0669 and the same was registered in the name of Hannan i.e pe(cid:27)(cid:27)oner. Thereupon, the above men(cid:27)oned FIR No. 220 dated 04.06.2024 u/s 5/13(2), 17 of Haryana Gauvansh Sanrakshan and Gau Samvardhan Act, 11/59/60 of Preven(cid:27)on of Cruelty to Animals Act and 279, 336 IPC was registered at P.S. Ferozpur Jhirka”. 4. Counsel for the pe(cid:8)(cid:8)oner submits that the pe(cid:8)(cid:8)oner has been falsely implicated in the present case and pe(cid:8)(cid:8)oner has no concern with the FIR, which relates to the vehicle of the pe(cid:8)(cid:8)oner, which the pe(cid:8)(cid:8)oner has already sold before the registra(cid:8)on which reflects from Annexure P-2. The pe(cid:8)(cid:8)oner's counsel prays for bail by imposing any stringent condi(cid:8)ons and contends that pre-trial incarcera(cid:8)on would cause an irreversible injus(cid:8)ce to the pe(cid:8)(cid:8)oner and their family. 5. The State’s counsel submits that pe(cid:8)(cid:8)oner has joined inves(cid:8)ga(cid:8)on. 6. It would be appropriate to refer to the following por(cid:8)ons of the reply, which Priyanka Thakur 2025.07.28 10:14 I attest to the accuracy and integrity of this document read as follows: CRM-M-8444-2025 :3: “That the role of the pe(cid:27)(cid:27)oner Hannan in the present case is that he along with accused Bandal, Badru and Sher Mohammad, is involved in the illegal act of cow slaughter. On 04.06.2024, the pe(cid:27)(cid:27)oner was siBng at the conductor seat in the pick-up vehicle no. HR-74-B-0669 which was carrying the ca8le and which was recovered from the spot by the police. The said vehicle no. HR-74-B-0669 is registered in the name of the pe(cid:27)(cid:27)oner. The pe(cid:27)(cid:27)oner had managed to escape the police during the present occurrence”. REASONING: 7. Pe(cid:8)(cid:8)oner joined inves(cid:8)ga(cid:8)on and vehicle involved is not related to pe(cid:8)(cid:8)oner which reflects from Annexure P-2. FIR relates to June, 2024 and more than one year already passed. No useful purpose would be served by curtailing the pe(cid:8)(cid:8)oner’s liberty. Pre-trial incarcera(cid:8)on should not be a replica of post-convic(cid:8)on sentencing. The evidence might be prima facie sufficient to launch prosecu(cid:8)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:8)cipatory bail. An analysis of the above does not jus(cid:8)fy custodial interroga(cid:8)on or pre-trial incarcera(cid:8)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:8)ons and the other factors peculiar to this case, there would be no jus(cid:8)fiability for custodial interroga(cid:8)on or the pre-trial incarcera(cid:8)on at this stage. Without commen(cid:8)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:8)oned above, the pe(cid:8)(cid:8)oner makes a case for bail. 9. Given above, provided the pe(cid:8)(cid:8)oner is not required in any other case, the pe(cid:8)(cid:8)oner shall be released on an(cid:8)cipatory bail in the FIR cap(cid:8)oned above subject to furnishing bonds to the sa(cid:8)sfac(cid:8)on of the Arres(cid:8)ng Officer, and if the maNer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:8)ng the surety, the concerned Officer/Court must be sa(cid:8)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:8)(cid:8)oner shall men(cid:8)on the following personal iden(cid:8)fica(cid:8)on details: 1. AADHAR number 2. Passport number (If available) and when the aNes(cid:8)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. Priyanka Thakur 2025.07.28 10:14 I attest to the accuracy and integrity of this document CRM-M-8444-2025 :4: 11. This order is subject to the pe(cid:8)(cid:8)oner’s complying with the following terms. 12. The pe(cid:27)(cid:27)oner is directed to join the inves(cid:27)ga(cid:27)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:27)gator. The pe(cid:8)(cid:8)oner shall be in deemed custody for Sec(cid:8)on 27 of the Indian Evidence Act, 1872/ Sec(cid:8)on 23 of BSA, 2023. The pe(cid:8)(cid:8)oner shall join the inves(cid:8)ga(cid:8)on as and when called by the Inves(cid:8)ga(cid:8)ng Officer or any Superior Officer and shall cooperate with the inves(cid:8)ga(cid:8)on at all further stages as required. In the event of failure to do so, the prosecu(cid:8)on will be open to seeking cancella(cid:8)on of the bail. During the inves(cid:8)ga(cid:8)on, the pe(cid:8)(cid:8)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. In case the Inves(cid:8)gator/Officer-In-Charge of the concerned Police Sta(cid:8)on arraigns another sec(cid:8)on of any penal offense in this FIR, and if the new sec(cid:8)on prescribes a maximum sentence that is not greater than the sec(cid:8)ons men(cid:8)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:8)on(s). However, suppose the newly inserted sec(cid:8)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:8)ons men(cid:8)oned above; then, in that case, the Inves(cid:8)gator/Officer-In-Charge shall give the pe(cid:8)(cid:8)oner no(cid:8)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 14. Any observa(cid:8)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. A cer(cid:8)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:8)(cid:8)oner can download this order along with case status from the official web page of this Court and aNest it to be a true copy. If the aNes(cid:8)ng officer wants to verify its authen(cid:8)city, such an officer can also verify its authen(cid:8)city and may download and use the downloaded copy for aNes(cid:8)ng bonds. 16. Pe(cid:8)(cid:8)on allowed in terms men(cid:8)oned above. All pending applica(cid:8)ons, if any,
Decision
stand disposed of. 23.07.2025 Priyanka Thakur Whether speaking/reasoned: Whether reportable: Priyanka Thakur 2025.07.28 10:14 I attest to the accuracy and integrity of this document Yes No. (ANOOP CHITKARA) JUDGE