Vansh v. State of Punjab
Case Details
CRM-M-18424-2025 240 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-18424-2025 Decided on: 14.05.2025 Vansh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sumit Dua, Advocate for the petitioner. Mr. Jasdev Singh Thind, DAG, Punjab. ANOOP CHITKARA, J. ****
Facts
FIR No. Dated Police Station Sections 41 13.03.2025 Bhargo Camp, 308(2), 351(1), 351(3), Jalandhar 191(3), 190 of BNS 2023 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the reply filed by the State, which reads as follows: “That present FIR No.41 dated 13.03.2025 Under Sections 308 (2), 351 (1), 351 (3), 191 (3), 190 BNS, 2023 has been registered at Police Station Bhargo Camp, Jalandhar on the statement of ASI Balwinder Singh against Ajaypal Singh, Gora, Gagan, Billa and Vansh i.e. present petitioner wherein ASI Balwinder Singh has stated that on 13.03.2025, he along with police officials in connection with patrolling and search of suspected persons were present at Mata Rani Chowk, where investigation officer received the secret information that Ajaypal Singh @ Nihang S/o Inderjit Singh in whose name FIRs regarding murder, snatching, quarreling, 1 ANJU RANI 2025.05.21 12:04 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRM-M-18424-2025 2 carrying illegal weapons and robbery were registered and he alongwith his friends namely Gurcharan @ Gora, Gagan @ Billa Kanchi and Sahil @ Billa @ Billi and Vansh S/o Lallu (present petitioner) extorted money from some shopkeepers by threatening them with deadly weapons. Ajaypal @ Nihang having a bullet motorcycle bearing registration no. PB-08DT- 4959 colour black and he is waiting for his friends by parking his motorcycle at factory street near to Bhargo Camp Jalandhar. If a raid be conducted at the disclosed place, they can be caught red handed.” 4. The petitioner's counsel on instructions submits that petitioner would not repeat the offence and would not involve himself in the offence where sentence is more than seven years. He further prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family. 5. 6. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following portions of the reply, which read as follows: “ 7. That there are specific allegations against the petitioner of conniving with other co-accused in extorting money from shopkeepers of Bhargo Camp Jalandhar hence petitioner does not deserve any leniency from this Hon’ble Court thus present petition is liable to be dismissed.” REASONING: 7. FIR was registered on the basis of secret information and petitioner’s name has cropped up in the disclosure statement of main accused, who has already been arrested. Allegations against the petitioner are that he along with other accused persons, have extorted money from shopkeepers and distributed the said money. However, given the undertaking by the petitioner, this Court deems it appropriate to give an opportunity to him to course correct. 8. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
Legal Reasoning
evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre- trial incarceration. ANJU RANI 2025.05.21 12:04 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 CRM-M-18424-2025 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. 3 10. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. CONDITIONS: 11. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the petitioner’s complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner 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 petitioner is directed to join the investigation 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 Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. ANJU RANI 2025.05.21 12:04 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 4 CRM-M-18424-2025 15. Given the background of allegations against the petitioner, it becomes paramount to protect the members of society, and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearms. [This restriction 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 such, it is not to be construed as an intermediate sanction]. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority within fifteen days of release from prison and inform the Investigator of the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and reclaim them in case of acquittal in this case, provided otherwise permissible under the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offense. 16. The conditions mentioned 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 Petition (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 conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed.” 17. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 18. It is clarified that if the petitioner violates any bail condition, the State and/or the victim may file an application for bail cancellation before the trial court, which shall be competent to cancel the bail or add more conditions. Furthermore, if the petitioner moves ANJU RANI 2025.05.21 12:04 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4 CRM-M-18424-2025 for deletion or dilution of any bail conditions, the trial court is empowered to do so. 5 19. This bail is conditional, and the foundational condition is that if the petitioner repeats the offence or indulges in the offence where sentence is more than seven years, the State may file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 20. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 22. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 14.05.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE ANJU RANI 2025.05.21 12:04 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 5