22.05.2025 Shubham Rana v. CORAM: HON'BLE
Case Details
1 CRM-M-28320-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 108 CRM-M-28320-2025 Decided on: 22.05.2025 Shubham Rana ...Petitioner State of Haryana …Respondent Versus CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
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. 8. 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. 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. CONDITIONS: 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 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. 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. 2 ANJU RANI 2025.05.26 11:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-28320-2025 3. Mobile number (If available) 4. E-Mail id (If available) 12. 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. 13. 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. 14. Given the background of allegations against the petitioner, it becomes paramount to protect the members of society, victim 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 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. 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 ANJU RANI 2025.05.26 11:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-28320-2025 “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.” 4 16. 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. 17. 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. 18. This bail is conditional, and the foundational condition is that if the petitioner repeats the offence or indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 19. Any observation made hereinabove is neither an expression of opinion on the 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.
Arguments
Mr. Inderjeet Singh, Advocate for the petitioner. Ms. Harpreet Kaur, AAG, Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 100 24.04.2025 Chhapar, District 115, 118(1), 190, 191(3) & Yamunanagar 351(2) 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 5 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the order dated 17.05.2025 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri, which reads as follows: “…on 05.04.2025 while engaged in preparation of community meal to be served in fair of goddess Mata due 06.04.2025, suddenly accused Sachin, Vikrant Rana, Shubham Rana, Vivek, Rohan, Pardeep, Kuldeep and other persons came in motor vehicle bearing No.HR 02 AY 3353 and No.HR 54 B 0014 armed with dangerous weapons i.e. gandasi have formed unlawful assembly, in prosecution of it's object have rioted, assaulted voluntarily causing multiple injuries to the complainant and his son with aid of dangerous weapons along with criminal intimidation, thus prayed for strict action against miscreants' thus prayed for strict legal action, ANJU RANI 2025.05.26 11:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh resulting in instant FIR.” 1 CRM-M-28320-2025 2 4. The petitioner's counsel seeks bail on parity with Vikrant Rana, who was granted bail by this Court vide order dated 14.05.2025 passed in CRM-M-23841-2025. 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 their family. 5. The State’s counsel opposes bail. REASONING: 6. There are injuries on the person of victim(s) and petitioner and co-accused inflicted injuries to them. Since the petitioner is a first offender and co-accused has already been granted bail, this Court is granting one opportunity to the petitioner to course correct. He is also entitled to bail on parity with co-accused-Vikrant Rana. 7. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
Decision
21. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 22.05.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.05.26 11:28 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4