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IN THE H AB AND HARYANA HE HIGH COURT OF PUNJAB A RH AT CHANDIGARH 104 SHIVA CRM-M Date of de M No.18681 of 2025 e of decision: 04.04.2025 …. Petitioner Versus STATE OF HA HARYANA …. Respondent CORAM: HON HON’BLE MRS. JUSTICE MANIS ANISHA BATRA Present : Mr Mr.Mohan Singh Chauhan, Advocat dvocate for the petitioner. (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:10)(cid:11)(cid:12)(cid:2)(cid:13)(cid:14)(cid:9)(cid:15)(cid:4)(cid:16)(cid:3)(cid:16)(cid:3)(cid:17)(cid:3)(cid:15)(cid:4)(cid:18)(cid:14)(cid:2)(cid:19)(cid:14)(cid:20) (cid:1)(cid:2) (cid:19)(cid:14)(cid:20)(cid:14)(cid:3) **** MANISHA BAT A BATRA, J. (oral) 1. This petition has been filed under S This grant nder Section 482 of BNSS for grant of anticipatory b tory bail to the petitioner in case ar
Legal Reasoning
ated ase arising out of FIR No.54 dated 01.03.2025 regis registered under Sections 109(1), 19 ction , 190, 191(3) of BNS and Section 25 of the Arms A rms Act, at Police Station Ambala Cit ala City, District Ambala. 2. As per the allegations, on 01.03.202 As p ation 03.2025, on receipt of an information from the securi security incharge of Court premises iring emises, Ambala regarding a firing incident having t ving taken place in the Court complex t the omplex, a Police party reached at the spot and recorde ecorded statement of Aman Kumar So mar mar Sonkar son of Vikram Kumar alleging therein erein that he was having inimical man ical relations with accused Aman Sonkar @ Aman Aman Bond son of Khoob Chand s said hand since the year 2018. The said Aman Bond was d was a habitual offender against who were st whom several criminal cases were registered. In the In the year 2022, Aman Bond along w used along with his accomplices had used fire arms outside utside his house with intent to kill him 307 ill him and a case under Section 307 of IPC was regi s registered in this regard. He allege had alleged that on 21.02.2025, he had visited that Cour t Court complex for some purpose. Th ched se. The accused Aman Bond reached Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document CRM-M No.18681 of 2025 C -2- there along with with his accomplices and had extende ade xtended threat to kill him if he made any deposition ition in the case registered against him o the st him. Then on 01.03.2025, also the complainant alon nt along with his companions Raman a ched aman and Sachin Verma had reached at the Court com rt complex for the purpose of attendi case attending hearing of a criminal case when the accused ccused Aman Bond accompanied by h aka, ed by his brother, Shubham @ Kaka, Gaurav and one d one unknown person reached there aring there in a black Scorpio car bearing registration No. n No. HR 80 5J7070. On seeing him, a ened him, all of them alighted and opened an attack upon pon the complainant. He rushed i ourt shed inside the gate of the Court complex to save o save himself. Then one youth who nded who was with Aman Bond handed over a pistol to h tol to him and Aman Bond fired 2-3 r with 3 round with the fire armes with intent to kill but ill but he had somehow escaped. He a er of . He also disclosed that the driver of the Scorpio vehi o vehicle had stayed inside the vehicle After vehicle at the time of incident. After registration of th n of the FIR, investigating proceeding d are eedings have been initiated and are underway. Duri During the course of investigat as estigation, present petitioner was nominated as an as an accused. Apprehending his arres n for is arrest, he moved an application for grant of pre arres e arrest bail which was dismissed by t ional d by the Court of learned Additional Sessions Judge, A udge, Ambala vide order dated 28.03.2 03.2025. 3.
Legal Reasoning
It is argued by learned Counsel for It is been el for the petitioner that he has been falsely implicate plicated in this case, only because of er of use of the fact that he is brother of accused Aman B man Bond. He was neither named in nt at ed in the FIR nor he was present at the spot at the ti t the time of occurrence. He is ready His ready to join the investigation. His custodial interrog nterrogation is not required. No recove him. recovery is to be effected from him. With these broa e broad submissions, it is urged tha o be ed that the petition deserves to be allowed. 4. Notice of motion. Noti Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document CRM-M No.18681 of 2025 C -3- 5. Learned State counsel who has appe Lear the as appeared on advance notice of the petition is ready ready to argue the matter. It is submi ioner submitted by him that the petitioner was named by th d by the co-accused Amit and Aditya orpio Aditya. He was driving the Scorpio vehicle at the tim the time of occurrence. He had aided e of aided the co-accused at the time of commission of s n of subject crime. He has criminal tions iminal antecedents. The allegations against him are s are serious in nature. For conducting n the ducting thorough investigation in the matter, his custo custodial interrogation is must. Acc t the st. Accordingly, it is urged that the petition does not es not deserve to be allowed. 6. The petitioner is alleged to hav The p of o have formed a membership of unlawful assemb ssembly with the co-accused and in p bject nd in prosecution of common object thereof, to have o have opened an attack upon the comp shots complainant and to have fired shots with pistol with a with an intent to kill him. He is allege h the alleged to be present along with the co-accused in th in the car in which they had arriv y of arrived at the spot on the day of incident. The inv nvolvement of petitioner in the c ma n the commission of crime is prima facie established lished from the allegations in the F ough the FIR. For conducting thorough investigation in t on in the matter, the custodial interrog ust. terrogation of the petitioner is must. Moreso, it is wel is well settled proposition of law that re of w that arrest is a part of procedure of the investigation igation to secure not only the presen veral presence of the accused but several other purposes. T oses. The powers of anticipatory bail a same bail are extra ordinary and the same are to be exerc exercised sparingly in exceptional icial tional circumstances. The judicial discretion confe conferred upon the Court has to after as to be properly exercised after application of mi of mind as to the nature and gravity o ty of avity of the accusation, possibility of applicant fleeing leeing from justice and other factors to case ctors to decide whether it is a fit case for grant of anti of anticipatory bail as such grant to the ant to some extent interferes in the Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document CRM-M No.18681 of 2025 C -4- sphere of investig nvestigation of an offence. The Court er of rt has also to see that an order of anticipatory bail y bail should not operate as inroad in re of oad in the normal legal procedure of criminal cases b ases by the trial Court. The custodia ected stodial interrogation of a suspected person is qualitat ualitatively more elicitation oriented t who nted than questioning a suspect who is well ensconce sconced with a favourable order unde The r under Section 482 of BNSS. The Court must be st be circumspect while exercising t of rcising such power for grant of anticipatory bail y bail and it should not be granted as to be ted as a matter of rule and has to be granted only whe ly when the Court is convinced that e exist that exceptional circumstances exist to resort to that e that extra ordinary remedy. In the pre ional the present case, no such exceptional circumstances w ces warranting exercise of the powers bail powers for grant of anticipatory bail by this Court ar urt are existing. As such, I am of th t the of the considered opinion that the petition does not es not deserve to be allowed. Accordin cordingly, the same is dismissed. 04.04.2025 Jyoti-IV (MA (MANISHA BATRA) JUDGE Whether speaking/reasoned: Whether reportable : Yes/N es/No. es/No Yes/N Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document