The High Court
Case Details
CRM-M-45871-2025 113 ARJUN IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45871-2025 Decided on: 22.08.2025 ...Pe(cid:28)(cid:28)oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sankalp Gehlawat, Advocate for the pe(cid:28)(cid:28)oner.
Legal Reasoning
into inves(cid:28)ga(cid:28)on. The evidence might be prima facie sufficient to launch prosecu(cid:28)on or to frame charges, but this Court is not considering the evidence at that stage, but is analyzing it for the stage of an(cid:28)cipatory bail. An analysis of the above does not jus(cid:28)fy custodial interroga(cid:28)on or pre-trial incarcera(cid:28)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:28)ons and the other factors peculiar to this case, there would be no jus(cid:28)fiability for custodial interroga(cid:28)on or the pre-trial incarcera(cid:28)on at this stage. 9. Without commen(cid:28)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:28)oned above, the pe(cid:28)(cid:28)oner makes out a case for bail. CONDITIONS: 10. Given above, provided the pe(cid:28)(cid:28)oner is not required in any other case, the pe(cid:28)(cid:28)oner shall be released on bail in the FIR cap(cid:28)oned above subject to furnishing bonds to the sa(cid:28)sfac(cid:28)on of the Arres(cid:28)ng Officer, and if the maFer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:28)ng the surety, the concerned Officer/Court PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document 2 CRM-M-45871-2025 must be sa(cid:28)sfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the pe(cid:28)(cid:28)oner shall men(cid:28)on the following personal iden(cid:28)fica(cid:28)on details: 1. AADHAR number 2. Passport number (If available) and when the aFes(cid:28)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 12. This order is subject to the pe(cid:28)(cid:28)oner’s complying with the following terms. The pe(cid:28)(cid:28)oner shall abide by all statutory bond condi(cid:28)ons and appear before the concerned Court(s) on all dates. The pe(cid:28)(cid:28)oner 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 pe33oner is directed to join the inves3ga3on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and he shall co-opera3ng the recovery of the car and as and when called by the Inves3gator. The pe(cid:28)(cid:28)oner shall be in deemed custody for Sec(cid:28)on 27 of the Indian Evidence Act, 1872/ Sec(cid:28)on 23 of BSA, 2023. The pe(cid:28)(cid:28)oner shall join the inves(cid:28)ga(cid:28)on as and when called by the Inves(cid:28)ga(cid:28)ng Officer or any Superior Officer and shall cooperate with the inves(cid:28)ga(cid:28)on at all further stages as required. In the event of failure to do so, the prosecu(cid:28)on will be open to seeking cancella(cid:28)on of the bail. During the inves(cid:28)ga(cid:28)on, the pe(cid:28)(cid:28)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. Given the background of allega(cid:28)ons against the pe(cid:28)(cid:28)oner, it becomes paramount to protect the members of society, vic(cid:28)m/complainant and incapacita(cid:28)ng the accused would be one of the primary op(cid:28)ons un(cid:28)l the filing of the closure report or discharge, or acquiFal. Consequently, it would be appropriate to restrict the possession of firearms. [This restric(cid:28)on 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 sanc(cid:28)on]. Given the nature of the allega(cid:28)ons and the other circumstances peculiar to this case, the pe(cid:28)(cid:28)oner shall surrender all weapons, firearms, and ammuni(cid:28)on, if any, along with the arms license to the concerned authority within fiOeen days of the uploading of this order on the official webpage of this Court and inform the Inves(cid:28)gator of the compliance. However, subject PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document 3 CRM-M-45871-2025 to the Indian Arms Act, 1959, the pe(cid:28)(cid:28)oner shall be en(cid:28)tled to renew and reclaim them in case of acquiFal in this case, provided otherwise permissible under the concerned rules. Restric(cid:28)ng firearms would ins(cid:28)ll confidence in the vic(cid:28)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:28)ng the offense. 15. The condi(cid:28)ons men(cid:28)oned 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 Pe(cid:28)(cid:28)on (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 condi(cid:28)ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor(cid:28)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:28)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:28)ons that would result in the depriva(cid:28)on of rights and liber(cid:28)es must be eschewed.” 16. In case the Inves(cid:28)gator/Officer-In-Charge of the concerned Police Sta(cid:28)on arraigns another sec(cid:28)on of any penal offense in this FIR, and if the new sec(cid:28)on prescribes a maximum sentence that is not greater than the sec(cid:28)ons men(cid:28)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:28)on(s). However, suppose the newly inserted sec(cid:28)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:28)ons men(cid:28)oned above; then, in that case, the Inves(cid:28)gator/Officer-In-Charge shall give the pe(cid:28)(cid:28)oner no(cid:28)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 17. It is clarified that if the pe(cid:28)(cid:28)oner violates any bail condi(cid:28)on, the State and/or the vic(cid:28)m may file an applica(cid:28)on for bail cancella(cid:28)on before the trial court, which shall be competent to cancel the bail or add more condi(cid:28)ons. Furthermore, if the pe(cid:28)(cid:28)oner moves for dele(cid:28)on or dilu(cid:28)on of any bail condi(cid:28)ons, the trial court is empowered to do so. 18. The significant considera(cid:28)on for gran(cid:28)ng bail is that the Court aims to give the pe(cid:28)(cid:28)oner another chance to course-correct, reform, and reintegrate into the community as an ideal ci(cid:28)zen. To ensure that the pe(cid:28)(cid:28)oner also abides by the assurance made on the pe(cid:28)(cid:28)oner’s behalf by not repea(cid:28)ng the offence or indulging in any crime, it shall be desirable to impose the following addi(cid:28)onal condi(cid:28)on. 19. This bail is condi(cid:28)onal, with the founda(cid:28)onal condi(cid:28)on being that if the pe(cid:28)(cid:28)oner 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 applica(cid:28)on PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document 4 CRM-M-45871-2025 to revoke this bail before the concerned Court having jurisdic(cid:28)on over this FIR, which shall have the authority to cancel this bail, and as per their discre(cid:28)on, they may cancel this bail. 20. Any observa(cid:28)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A cer(cid:28)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Appellant-Accused can download this order along with case status from the official web page of this Court and aFest it to be a true copy. If the aFes(cid:28)ng officer wants to verify its authen(cid:28)city, such an officer can also verify its authen(cid:28)city and may download and use the downloaded copy for aFes(cid:28)ng bonds. 22. Pe(cid:22)(cid:22)on allowed in terms men(cid:28)oned above. All pending applica(cid:28)ons, if any,
Arguments
Mr. Akshay Kumar, AAG, Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta(cid:28)on Sec(cid:28)ons 211 07.07.2025 Civil Lines, Hisar 115, 140(3) and 351(3) BNS, 2023 1. The pe(cid:28)(cid:28)oner apprehending arrest in the FIR cap(cid:28)oned above has come up before this Court under Sec(cid:28)on 482 of Bhara(cid:28)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:28)cipatory bail. 2. 3. Per paragraph No.7 pe(cid:28)(cid:28)oner has clean antecedents. The facts and allega(cid:28)ons are being taken from the paragraph No.3 of the order dated 12.08.2025 whereby applica(cid:28)on for bail of the pe(cid:28)(cid:28)oner was rejected, which reads as follows: “Briefly stated, the instant criminal case has been registered on the basis of complaint made by the complainant namely Lalit Kumar, son of Shri Khetpal Singh. The complainant alleged that he is resident of village Mehuawala, Tehsil Bha!u, District Fatehabad. On 07.07.2025 at about 1:00 P.M., he along with his friend Ishant, son of Partap Singh were standing outside Kofia Restaurant at PLA Texi Stand, Hisar, in the meanwhile a Swi2 bearing registra3on No.HR-20AG8549 white colour, stopped nearby them and Arjun Malik, son of Ajay Malik along with his three friends came outside the car (whom he does not know) and a!acked on Ishant with hands and fist blows and put Ishant in the car. When he tried to rescue Ishant, then they threatened to kill him. PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document 1 CRM-M-45871-2025 Therea2er, all of them along with Ishant went away in the car.” 4. The pe(cid:28)(cid:28)oner's counsel prays for bail by imposing any stringent condi(cid:28)ons and contends that pre-trial incarcera(cid:28)on would cause an irreversible injus(cid:28)ce to the pe(cid:28)(cid:28)oner and their family. 5. The pe(cid:28)(cid:28)oner’s counsel submits that the pe(cid:28)(cid:28)oner would have no objec(cid:28)on whatsoever to any stringent condi(cid:28)ons that this Court may impose, including that if the pe(cid:28)(cid:28)oner 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 applica(cid:28)on to revoke this bail before the concerned Court having jurisdic(cid:28)on over this FIR, which shall have the authority to cancel this bail, and may do so at their discre(cid:28)on, to which the pe(cid:28)(cid:28)oner shall have no objec(cid:28)on. 6. The State’s counsel opposes bail on instruc(cid:28)ons. REASONING: 7. Given the nature of injuries and role aFributed to the pe(cid:28)(cid:28)oner and undertaking given by counsel for the pe(cid:28)(cid:28)oner no case of custodial interroga(cid:28)on is made out. As concerned for the recovery of the car that can be effected by joining the pe(cid:28)(cid:28)oner
Decision
stand disposed of. 22.08. 2025 pry Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document 5