Harshit v. State of Haryana
Case Details
CRM-M-26370-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26370-2025 Reserved on: 03.07.2025 Pronounced on: 31.07.2025 Harshit ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Kapil Gupta, Advocate for the petitioner. Mr. Naveen Kumar Sheoran, D.A.G., Haryana. ANOOP CHITKARA, J. ****
Legal Reasoning
FIR No. Dated Police Station Sections 134 11.07.2024 Thanesar Kurukshetra City, 308(2), 111(2), 351(2), 111(3), 111(4), 111(6), 111(7) BNS 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 15 of the bail application, the petitioner has the following criminal antecedents: Sr. No. FIR No. Dated 1. 157 29.07.2024 Offenses 287, 62, 3(5), 308(2), 351(2), 111(2) B, 111(6) BNS Police Station City Kurukshetra Thanesar, 3. The facts and allegations are being taken from the reply/status report filed by the State, which reads as follows: “2(iii) That today on 09.07.2024 at about 02:33 PM I received a Whats App call on my mobile number 88139-93881 from mobile number 1(559) 216-8033 and he said that he was calling from Bhanu Rana (Lawrence Bishnoi Group) and asked me not to disconnect the call as he would only talk about things that would be beneficial for me and said that Vaibhav Sharma we have come to know that your business is going very well, give us 50 lakh rupees within two days or else we will kill you and then said that you have only two days time, if JYOTI 2025.07.31 15:43 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-26370-2025 you don't give the money, after that our time will start and he also said that I know that you also have an Innova car. If you do not give the money, no one will be able to save you, even if you go to England, we will not leave you there either, you will have to pay the money, if you do not pay the money, we will kill you and whoever will handle your business after you, we will take the money from him. I have the recording of the above call, the pen drive of which is enclosed. Hence, I request you that keeping in mind the above facts, strict legal action may be taken against the above accused persons and the life and property of the applicant may be protected, I would be highly grateful to you.” 4. 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 petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 6. 7. 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: “That the allegations against the petitioner/ accused are that petitioner/accused Harshit and Arvind alias Shaili and Amit alias Meeta reached Divine Mall Kurukshetra on 29/07/2024 on his silver coloured motorcycle brand Hero Splendor HR-01AG-0572. The petitioner/accused Harshit stood outside the mall with his motorcycle and Arvind alias Shaili and Amit alias Mitta covered their faces with cloth and took their pistols and went to Vaibhav Sharma's immigration office in Divine Mall Kurukshetra to fire. They tried a lot to fire but could not fire because their pistols were not cocked. After that, all three accused came back from there on his above mentioned motorcycle and on the way they told to Lovepreet alias Pitti on Whats App about all situations. In these circumstances, it is clear that at this stage, from the relevant investigation, the role of petitioner/ accused is specifically emerged in the entire occurrence and JYOTI 2025.07.31 15:43 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-26370-2025 accordingly, he has been involved in the present case FIR on the basis of detailed investigation of the local police and the FIR has been registered under serious offence including the organized crime.” REASONING: 8. 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. Per paragraph 11 of the bail petition, the petitioner has been in custody since 04.08.2024. Per the custody certificate dated 14.07.2025, the petitioner’s total custody in this FIR is 11 months and 06 days. 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. 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. 11. 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) 12.
Legal Reasoning
This order is subject to the petitioner’s complying with the following terms. 13. 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. Given the background of allegations against the petitioner, it becomes paramount to protect the members of society, detection squad and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or JYOTI 2025.07.31 15:43 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-26370-2025 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. 15. The conditions mentioned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense and also to block the menace of drug abuse. 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.” 16. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, Hon’ble Supreme Court holds in Para 7, “It goes without saying that if the petitioner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the petitioner is bound to face the necessary consequences.” 17. The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner’s behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 18. This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 19. JYOTI 2025.07.31 15:43 I attest to the accuracy and integrity of this order/judgment. Any observation made hereinabove is neither an expression of opinion on the 4 CRM-M-26370-2025 case's merits nor shall the trial Court advert to these comments. 20. 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. 21. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 31.07.2025 Jyoti-II Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE JYOTI 2025.07.31 15:43 I attest to the accuracy and integrity of this order/judgment. 5