He High Court
Case Details
IN THE H AB AND HARYANA HE HIGH COURT OF PUNJAB A RH AT CHANDIGARH 240 ALOK CRM-M Date of de M No.15611 of 2025 e of decision: 27.05.2025 …. Petitioner Versus STATE OF HA F HARYANA …. Respondent CORAM: HON HON’BLE MRS. JUSTICE MANI MANISHA BATRA Present : Mr
Legal Reasoning
Mr. Manoj Tanwar, Advocate for th for the petitioner. (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:6)(cid:2)(cid:7)(cid:8)(cid:4)(cid:9)(cid:10)(cid:11)(cid:12)(cid:7)(cid:13)(cid:14)(cid:4)(cid:15)(cid:3)(cid:15)(cid:3)(cid:16)(cid:3)(cid:14)(cid:4)(cid:17)(cid:7)(cid:2)(cid:18)(cid:7)(cid:19) (cid:1)(cid:2) (cid:18)(cid:7)(cid:19)(cid:7)(cid:3) **** MANISHA BAT A BATRA, J. (oral) 1. This petition has been filed und This (cid:18)(cid:7)(cid:4) d under Section 483 of "(cid:25)(cid:7)(cid:2)(cid:7)(cid:26)(cid:21)(cid:18)(cid:7)(cid:4) (cid:5)(cid:7)(cid:20)(cid:7)(cid:2)(cid:21)(cid:22)(cid:4)(cid:23)(cid:24)(cid:2)(cid:7)(cid:22)(cid:11)(cid:25) (cid:22)(cid:11)(cid:25)(cid:7)(cid:4)(cid:23)(cid:7)(cid:19)(cid:25)(cid:21)(cid:26)(cid:7)(cid:14)(cid:4)(cid:27)(cid:28)(cid:27)(cid:29)(cid:4)(cid:30)(cid:31)(cid:10)(cid:2)(cid:4)(cid:11)(cid:25)(cid:10)(cid:2)(cid:26) !"(cid:5) ail to (cid:5)(cid:23)(cid:23)#$ for grant of regular bail to the petitioner in ner in case arising out of FIR No.30 tered No.309 dated 09.11.2024 registered under Sections 1 tions 140(3), 310(2), 238(a) 61(b) of adar (b) of BNS, at Police Station Sadar Narnaul, District istrict Mahendergarh. 2. As per the allegations, on 08.11.2 As kesh 8.11.2024, the complainant-Rakesh Kumar was goin s going towards his house on his scoo d by s scooty when he was intercepted by occupants of a of a white colour car who were 3 d his ere 3 in number. They stopped his vehicle and by p d by pushing him inside their car, cov m to ar, covered his face and took him to an unknown roa n road. They snatched cash amount o ount of (cid:1)15000/- and mobile phone hone from him. They They also got transferred an amou amount of` (cid:1)1 lakh and (cid:1)62,000/- - respectively from ly from his bank accounts by using after, using his mobile phone. Thereafter, they damaged th ged the SIM card of his mobile phone n the phone and after leaving him in the forest area, they , they fled away. After registration of sons, ion of FIR against unknown persons, Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document CRM-M No.15611 of 2025 C -2- investigation pro on proceedings were initiated. Durin tion, During the course of investigation, CCTV footage f tage from the house of Sarpanch of ined nch of Nimbi village was obtained which revealed t aled that the vehicle used in the crime e of crime was registered in the name of one Anil who d who disclosed that he sold the same tact, same to one Ankit and on contact, Ankit disclosed t losed that he had sold the same to acc shish to accused Ashish. Accused Ashish was arrested on ed on 09.11.2024. He suffered discl g his disclosure statement admitting his complicity in the in the crime and also disclosed about esent about the involvement of the present petitioner and co and co-accused. On the basis of which - which, the present petitioner and co- accused were no ere nominated as such. The petitione 024. titioner was arrested on 09.11.2024. He was interrogated and suffered disclosu interro his isclosure statement admitting his nt involvement in in rcated the crime and demarcated . the place of occurrence. Investigation no on now stands concluded. 3. It is argued by learned counsel for It is been el for the petitioner that he has been falsely implicate plicated in this case on the basis of di - s of disclosure statements of the co- accused which c hich cannot be considered to be admi s no e admissible in evidence. He has no hand in the abdu e abduction of the victim. No money w ount. oney was transferred in his account. The complainan lainant himself had concocted a fal the a false story to escape from the liability of payin f paying the amount of (cid:1)50 lakhs to njury akhs to accused-Vikram. No injury whatsoever, had r, had been sustained by him. There rd to There is no material on record to connect him with m with the subject offences. He is in c used is in custody since long. Co-accused Arun, Vikas and as and Dinesh have been extended ben too, ed benefit of bail. On parity, he too, deserves to be g o be given the same benefit. He has c these e has clean antecedents. With these broad submission issions, it is urged that the petition de tion deserves to be allowed. Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document CRM-M No.15611 of 2025 C -3- 4. Status report has been filed. It is ar Stat unsel It is argued by learned State counsel that keeping in ng in view the gravity of the allega t the allegations as levelled against the petitioner, he doe he does not deserve to be given conces concession of bail. 5. 6. heard. Rival submissions have been heard. Riva The petitioner is alleged to have jo The sh in joined the co-accused Dinesh in pursuance of a of a conspiracy hatched with him a have him and is further alleged to have abducted the vict he victim and snatched money from h . He rom him, along with co-accused. He is in custody sin dy since 09.11.2024, challan stands run, stands presented. Co-accused Arun, Vikas and Dines Dinesh have been extended benefit of cient efit of bail. Trial will take sufficient time and there there is no possibility of its being c ture. eing concluded in the near future. Taking into con o consideration the above discussed g to ussed facts but without meaning to make any comme comment on the merits of the case, les f the se, lest they prejudice the case of the prosecution/petit n/petitioner, the petition is allowed an ed to wed and the petitioner is ordered to be released on ba on bail subject to his furnishing perso ds to g personal as well as surety bonds to the satisfaction o ction of the trial Court/Duty Magistrate istrate/ CJM concerned. 7. Since, the main petition is disposed Sinc f any posed of, pending application, if any also stands dispo
Decision
disposed of accordingly. 27.05.2025 Jyoti-IV (MANISHA BATRA) (M JUDGE Whether speaking/reasoned: Whether reportable : Yes/N es/No. es/No Yes/N Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document