Bholi v. State of Haryana
Case Details
CRM-M-35080-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35080-2025 Reserved on: 11.07.2025 Pronounced on: 17.07.2025 Parveen Chillar @ Bholi ...Petitioner Versus State of Haryana …Respondent CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ajay Ghangas, Advocate for the petitioner. Ms. Harpreet Kaur, A.A.G., Haryana. Ms. Harmanpreet Kaur Sahota, Advocate for the complainant. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 0093 17.03.2025 25 of Arms Act and Line Par Bahadurgarh, 109(1)/3(5) of BNS District Jhajjar 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 12 of the bail application, the accused has the following criminal antecedents: Sr. No. 1. FIR No. 104/2021 Date - Offenses - 2. 98 19.03.2025 - Police Station Line Par Bahadurgarh Line Par Bahadurgarh 3. The facts and allegations are being taken from the translated version of FIR, which reads as follows: “It is requested that I Vikram S/O Ravindra am a permanent resident of village Bamnoli. On 13.03.2025, I told my family member Praveen S/O Jaipal (Bholi) that other people from outside come to your office and are taking intoxicant substances day and night, so you should close your office because these people have criminal background and Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 1 CRM-M-35080-2025 there are four female members in my house and other female members also live in the neighborhood, so these people who come here use abusive language which we keep hearing. Today on 17.03.2025 at around 7.30 AM, the sound of horn was continuously coming from outside my house. So I and my brother Akshay S/O Ravindra came out of the house and saw that Praveen (Bholi) S/O Jaipal and Praveen's mother Krishna were sitting in Scorpio N black color HR-13W-2148. They came out after seeing us and Praveen's mother Krishna said to me that why are you threatening us and then Praveen (Bholi) took out his gun and pointed it towards both of us and shot my brother Akshay. After that Praveen (Bholi) left his mother there and ran away in his car HR-13W-2148. I have full faith in the police administration that it will do its work honestly. And legal action will be taken against Praveen (Bholi) and his mother Krishna and we will get justice. Thanks Vikram Chillar” 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. 6. The State’s counsel opposes bail based on instructions. Counsel for the complainant submits that they have would have no objection if bail is granted to the petitioner as the matter stands compromised. 7. 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 5 of the bail petition, the petitioner has been in custody since 18.03.2025. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, matter stands compromised and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 8. 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. 9. 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. 10. While furnishing a personal bond, the petitioner shall mention the following personal identification details: Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CRM-M-35080-2025 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) 11. This order is subject to the petitioner’s complying with the following terms. 12. 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. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 14. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. 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. 16. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 17.07.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3