STATE OF HARYANA HARYANA v. …
Case Details
CRM-M-55947 55947-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 306 VISHAL CRM-M-55947-2025 CRM Date of decision: 01.12.2025 Date of decision: STATE OF HARYANA HARYANA Versus ….Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M Advocate for Mr. Davneet Sangwan, Advocate for for the petitioner. for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana Ms. Shaveta Sanghi, DAG, Haryana Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.42 dated 07.03.2025 registered under seeks anticipatory bail in case FIR No.42 dated 07.03.2025 registered under FIR No.42 dated 07.03.2025 registered under seeks anticipatory bail in case 23 and Section 25 of the Arms Section 309(4), 3(5), 61(2), 238B of BNS, 2023 and Section 25 of the Arms Section 309(4), 3(5), 61(2), 238B of BNS, 20 Section 309(4), 3(5), 61(2), 238B of BNS, 20 Act, 1959 at Police Station Chhachhrauli, District Yamuna Nagar. Act, 1959 at Police Station Chhachhrauli, District Yamuna Nagar Act, 1959 at Police Station Chhachhrauli, District Yamuna Nagar 2. On 17.11.2025, following order had been passed: On .2025, following order had been passed: - Prayer in the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 482 of the Prayer in the present petition filed under Section 482 of the “ to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail BNSS, 2023 is for grant of anticipatory bail case FIR No.42 dated 07.03.2025 registered under Section case FIR No.42 dated 07.03.2025 registered under Section case FIR No.42 dated 07.03.2025 registered under Section case FIR No.42 dated 07.03.2025 registered under Section 309(4), 3(5), 61(2), 238B of BNS, 2023 and Section 25 of the 309(4), 3(5), 61(2), 238B of BNS, 2023 and Section 25 of the 309(4), 3(5), 61(2), 238B of BNS, 2023 and Section 25 of the 309(4), 3(5), 61(2), 238B of BNS, 2023 and Section 25 of the Arms Act, 1959 at Police Station Chhachhrauli, District Yamuna Arms Act, 1959 at Police Station Chhachhrauli, District Yamuna Arms Act, 1959 at Police Station Chhachhrauli, District Yamuna Arms Act, 1959 at Police Station Chhachhrauli, District Yamuna Nagar. Nagar. tion are that Brief facts of the present case as per prosecution are that Brief facts of the present case as per prosecu accused committed robbery in the the petitioner along with co-accused committed robbery in the accused committed robbery in the the petitioner along with co shop of complainant. Hence the present FIR was registered. shop of complainant. Hence the present FIR was registered. shop of complainant. Hence the present FIR was registered. GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-55947 55947-2025 - -2- Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He submits that neither the petitioner was named in the FIR nor he submits that neither the petitioner was named in the FIR nor he submits that neither the petitioner was named in the FIR nor he submits that neither the petitioner was named in the FIR nor he was present at the spot of the occurrence, rather, he was named was present at the spot of the occurrence, rather, he was named was present at the spot of the occurrence, rather, he was named was present at the spot of the occurrence, rather, he was named Aviraj, in police in the disclosure statement made by coaccused-Aviraj, in police in the disclosure statement made by coaccused in the disclosure statement made by coaccused custody. He further submits that apart from the disclosure custody. He further submits that apart from the disclosure custody. He further submits that apart from the disclosure custody. He further submits that apart from the disclosure ment, there is no other material available on record to statement, there is no other material available on record to ment, there is no other material available on record to state connect the petitioner with the present FIR and it is trite law that connect the petitioner with the present FIR and it is trite law that connect the petitioner with the present FIR and it is trite law that connect the petitioner with the present FIR and it is trite law that disclosure statement given in police custody has no evidentiary disclosure statement given in police custody has no evidentiary disclosure statement given in police custody has no evidentiary disclosure statement given in police custody has no evidentiary value. He further submits even if the prosecution version is value. He further submits even if the prosecution version is value. He further submits even if the prosecution version is value. He further submits even if the prosecution version is ed to be true, even then the only allegation against the believed to be true, even then the only allegation against the ed to be true, even then the only allegation against the believ accused for petitioner is that he has provided weapons to the co-accused for petitioner is that he has provided weapons to the co petitioner is that he has provided weapons to the co accused committing robbery. He further submits that the co-accused committing robbery. He further submits that the co committing robbery. He further submits that the co Prashant, Vipin, Anuraj have already been granted Prashant, Vipin, Anuraj have already been granted Prashant, Vipin, Anuraj have already been granted Prashant, Vipin, Anuraj have already been granted the the the the the Learned Trial Court and coaccused concession of Bail by the Learned Trial Court and coaccused the Learned Trial Court and coaccused concession of Bail by ordinate bench. He has Yuvraj has been granted bail by the co-ordinate bench. He has Yuvraj has been granted bail by the co Yuvraj has been granted bail by the co Somesh Garg who deposed produced deposition of complainant- Somesh Garg who deposed produced deposition of complainant produced deposition of complainant submits that the complainant has not supported the as PW-1 and submits that the complainant has not supported the submits that the complainant has not supported the as PW declared hostile. He further case of prosecution and has been declared hostile. He further case of prosecution and has been case of prosecution and has been submits that the petitioner has clean antecedents and no recovery submits that the petitioner has clean antecedents and no recovery submits that the petitioner has clean antecedents and no recovery submits that the petitioner has clean antecedents and no recovery is to be effected from the him. Learned counsel further submits is to be effected from the him. Learned counsel further submits is to be effected from the him. Learned counsel further submits is to be effected from the him. Learned counsel further submits that the petitioner is ready and willing to join the investigation as that the petitioner is ready and willing to join the investigation as that the petitioner is ready and willing to join the investigation as that the petitioner is ready and willing to join the investigation as so by the investigating agency. and when called upon to do so by the investigating agency. and when called upon to do Learned State counsel has already filed the status Learned State counsel has already filed the status Learned State counsel has already filed the status report/reply on the last date of hearing. Relying upon the status report/reply on the last date of hearing. Relying upon the status report/reply on the last date of hearing. Relying upon the status report/reply on the last date of hearing. Relying upon the status report, she has vehemently opposed the prayer of petitioner for report, she has vehemently opposed the prayer of petitioner for report, she has vehemently opposed the prayer of petitioner for report, she has vehemently opposed the prayer of petitioner for committed by the grant of bail and submits that the offence committed by the grant of bail and submits that the offence grant of bail and submits that the offence petitioner is serious in nature and he has provided weapons to petitioner is serious in nature and he has provided weapons to petitioner is serious in nature and he has provided weapons to petitioner is serious in nature and he has provided weapons to accused for committing robbery. However, she could not the co-accused for committing robbery. However, she could not accused for committing robbery. However, she could not the co controvert the fact that the petitioner is a first time offender and controvert the fact that the petitioner is a first time offender and controvert the fact that the petitioner is a first time offender and controvert the fact that the petitioner is a first time offender and has clean antecedents. has clean antecedents. Adjourned to 29.11.2025. GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-55947 55947-2025 - -3- In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 482(2) of BNSS, 2023 3. submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner Learned counsel for the petitioner .2025 passed by this Court, the petitioner has joined the the order dated 17.11.2025 passed by this Court, the petitioner has joined the .2025 passed by this Court, the petitioner has joined the the order dated investigation. investigation. 4. Learned counsel for the State, on instructions from Learned counsel for the ASI Satish State, on instructions from ASI Satish gation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investi Kumar, has submitted that the petitioner has joined the investi longer required for further investigation. longer required for further investigation. 5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue interim order dated 17.11.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the to join investigation, as and when called by the also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. 01.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document.