Subhash v. State of Haryana
Case Details
CRM-M-24925-2025 249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-24925-2025 Decided on: 19.05.2025 Subhash ...Petitioner Versus State of Haryana …Respondent CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Bhisham Kumar Majoka, Advocate for the petitioner. Ms. Harpreet Kaur, AAG, Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 239 31.07.2020 Badshapur, District 147/148/149/323/325/341/ Gurugram 342/427 IPC (Sections 201/364/186 & 353 of IPC added later on) 1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 14 of the bail petition, the accused has the following criminal antecedents: Sr. No. FIR No. 1 484 2 111 Offenses Date 07.12.2018 148, 149, 186, 332, 353 & 506 IPC 19.02.2021 174A IPC Police Station Badshapur, District Gurugram Shivaji Gurugram, Gurugram Nagar, Distt. 3. The facts and allegations are being taken from translated copy of FIR (Annexure P-1), which reads as follows: “It is humbly stated that I Lukman son of Bilal caste Muslim resident of P.S Nuh District Mewat aged 25 years that I am resident of abovementioned address and I am working as a driver that today on 31.7.2020 I was going to mosque Gurugram in vehicle Pickup no. HR- 38Z-6280 having the meat of buffalo from the village of Ghaseda when, I ANJU RANI 2025.05.22 15:16 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 CRM-M-24925-2025 2 reached on the red light of sector 5-6 then 10/15 persons came from my back side and compelled him to stop my vehicle that I didn't stop the vehicle and while running away from my vehicle, those boys surrounded me after reaching the truck market near Masjid Gurugram and the glasses of my vehicle were broken and after beating me with the stick/danda they were took me back Shona alongwith the vehicle after reached on the jail turn Badshapur they were beaten me. Later, the police reached at the spot released me from them the glasses of the government vehicle were also broken by them that the police admitted me in G.H.SEC.10 for my treatment that now you are come here for recorded of my statement I have written and heard my statement…” 4. Petitioner seeks bail on parity with Dharamraj, who was granted bail by this Court vide order dated 02.04.2024 passed in CRM-M-60127-2023. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre- trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. The State’s counsel opposes bail. REASONING: 6. There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing. 7. As per the custody certificate dated 12.05.2025 the petitioner’s total custody in this FIR is 02 months & 28 days. 8. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 9. 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. This order shall come into force from the time it is uploaded on this Court's official webpage. 10. 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 concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. ANJU RANI 2025.05.22 15:16 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 CRM-M-24925-2025 11. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 3 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) 12. 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. 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 for deletion or dilution of any bail conditions, the trial court is empowered to do so. 15. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 16. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. 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. 18. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 19.05.2025 anju rani (ANOOP CHITKARA) JUDGE Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.05.22 15:16 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3