The High Court
Case Details
101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52259-2025 (O&M) Reserved on: 17-09-2025 Pronounced on: 30.09.2025 Arun Kumar State of Punjab Versus ........Petitioner(s) ........Respondent(s) CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
8. Given the above, the penal provisions invoked coupled with the prima facie 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, subject to the compliance of terms and conditions mentioned in this order. 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, he shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the 1 Supreme Court of India in Vaman Narain Ghiya v. state of Rajasthan, [E-SCR] ; [2008] 17 SCR 369, Para 16, decided on 12.12.2008. 2 Supreme Court of India in Siddharam Satlingappa Mhetre v. State of Maharashtra, SC 2J [E-SCR], Paragraph 127, decided on 02.12.2010. 3 Supreme Court of India in Babu Singh & ors v. State of UP, [E-SCR] P. 777, decided on 31.01.1978. ASHWANI KUMAR 2025.09.30 16:17 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh CRM-M-52259-2025 -3- 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. 10. 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) 11. This order is subject to the petitioner’s complying with the following terms. 12. 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. 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. 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. 15. 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 ASHWANI KUMAR 2025.09.30 16:17 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh CRM-M-52259-2025 -4- petitioner’s behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 16. 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 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. 17. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A certified 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 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. 19. Petition allowed in terms mentioned above. All pending applications, if any, stand
Arguments
Mr. Jatinder Kumar Kansal, Advocate for the petitioner(s). Mr. Akshay Kumar, AAG, Punjab. *** ANOOP CHITKARA, J. ANTICIPATORY BAIL UNDER SECTION 482 BNSS FIR No. Date Police Station Sections 85 16.07.2025 Divn.No.3, District Ludhiana 13-A/3/67 of Punjab Gambling Act and 112/318(4) BNS. 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. 3. In the bail application, the petitioner is silent about criminal antecedents. The facts and allegations are being extracted from the FIR (Annexure P-1), which read as follows: “Today myself ASI along with ASI Kashmir Singh No. 605/Ludhiana, ASI Gurmukh Singh No. 1012/Ldh and Senior Constable Krishan Chand No. 722/Ldh were on government vehicle were present near Baba Than Singh Chowk in connection with patrolling and checking suspicious elements. A special informer gave information to myself ASI that Arun Kumar, Crispy Restaurant near Petrol Pump Ludhiana, is illegally running an organized betting business, who is running gambling in a room of a his restaurant and is doing wrong activates under the pretext of the restaurant. If the raid is conducted right now, then Jogi Rai, Hitesh, Sambhav Kumar, Raghav Mahendra, Dhruv Walia, Kamalpreet Singh and Jaskaran Chamba can be apprehended while gambling. The said information is true and reliable, therefore, the said act of above said persons is covered under section 13- A-3-37 of G. Act and section 112, 318 (4) of BNS is made out, therefore after typing Ruqa on laptop and taking its print out with printer, the same is being sent to the Police Station by the hand of Ct Kishan Chand No. 722/Ludhiana for registration of case under above said sections accused, Arun Kumar, owner of Crispy Restaurant, Jogi Rai, Hitesh, Sambhav Kumar, Raghav Mahender, Dhruv Walia, ASHWANI KUMAR 2025.09.30 16:17 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh CRM-M-52259-2025 -2- Kamalpreet Singh and Jaskaran Chamba. After register case, number of the same be intimated. Control room and officers be intimated.” 4. The petitioner's counsel submits that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. He further 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. 5. The State’s counsel opposes bail. REASONING: 6. The 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. 7. The law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal.1Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.2 Personal liberty deprived when bail is refused, is too precious a value of our constitutional system recognised under Art. 21 that the curial power to negate it is a great trust exercisable, not casually, but judicially with lively concern for the cost to the individual and the community.3
Decision
disposed of. 30-09-2025 AK (ANOOP CHITKARA) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO ASHWANI KUMAR 2025.09.30 16:17 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh