13.01.2025 Akashdeep Singh @ Dud v. CORAM
Case Details
1 CRM-M-64766-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 281 CRM-M-64766-2024 Decided on: 13.01.2025 Akashdeep Singh @ Dud ...Petitioner State of Punjab …Respondent Versus CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Raghav Soni, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 83 31.10.2023 Mohkampura, 379B(2), 411 & 34 IPC Amritsar 1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 13 of the bail petition, the accused has the following criminal antecedents: Sr. No. FIR No. 1 85 Date 03.11.2023 379B, 34 IPC Offenses Police Station Mohkampura, Amritsar 3. The facts and allegations are being taken from the copy of FIR (Annexure P-1), which reads as follows: “Statement by Sandeep Verma, son of Ram Lubhaya, resident of House No. 111, Opposite Park, Councillor Ajit Singh Bhatia, Golden Avenue, Amritsar aged about 49 Years, 7986520886. Stated that I am a resident of the said address and run a gold smith shop near Guru Bazar Amritsar. On 30.10.2023, at around 3:00 pm I was riding my motorcycle TVS Star City bearing No. PB89 5942 and was going from Mohkampura to Suncity Park. When I parked my motorcycle in the non-metallic edge of the road and went away, three young men one Sardar and two Non-Sikhs came and started walking with me and talked to me for a while and then the Sardar ANJU RANI 2025.01.15 11:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 CRM-M-64766-2024 2 threatened me with a datar and asked me to take out everything I have. I was afraid and took my mobile phone make Real me 3 Pro, blue color, gold studs from the ears one of the studs were pulled by the sardar and my ear was torn, the other string was taken off by the other man. They searched my pockets checked my neck but there was no gold jewellery around my neck. They took the key of the motorcycle and escaped with my motorcycle too. I tried to follow them with help from around but they had gone away by crossing the railway line Pathankot. I can recognize those unknown persons when they appear. Till now I have been looking for them on my own, today I was coming to inform you when I have met you. Legal action should be taken against these unknown persons. I have given the statement, it is written, read it, it is correct. Sandeep Verma said Sd/- Sandeep Verma Verification Sd/- Ranjit singh ASI Police Station Mohkampura Amritsar City Date 31.10.2023…..” 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. The State’s counsel opposes bail on the ground that petitioner is likely to repeat the offence if bail is granted and he is not entitled to bail. Counsel for the State also handed over custody certificate dated 11.01.2025, to show that there is one more case pending against the petitioner. 6. 7. I have heard counsel for the parties and gone through the record. As per custody certificate dated 11.01.2025, petitioner’s total custody in this FIR is 01 year & 16 days. 8. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. 9. The investigation indicates that the petitioner is not the main accused, so the petitioner's bail shall not be treated as a precedent for granting bail to the other co- accused with a higher role. 10. 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. ANJU RANI 2025.01.15 11:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 CRM-M-64766-2024 11. 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. 3 12. 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) 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. 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. 15. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16. 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. 17. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. (ANOOP CHITKARA) JUDGE 13.01.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.01.15 11:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3