Sonu v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 218 30.08.2023 Sahnewal, District 379-B (2) and 34 IPC (Sectons 506 Ludhiana and 411 IPC added later on)

¶1The pettoner incarcerated in the FIR captoned above had come up before this Court under Secton 483 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2As per paragraph 9 of the bail petton, the pettoner is also involved in other cases but details of the same are not mentoned. However, as per the custody certficate dated 12.02.2025, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

¶1222 01.09.2023 379-B (2), 148, 149 IPC, Sahnewal 25/54/59 of Arms Act

¶2210 20.08.2023 379-B (2), 506, 34 IPC Sahnewal

¶3223 01.09.2023 25-54-59 of Arms Act Sahnewal

¶4217 30.08.2023 379-B (2), 34 IPC Sahnewal

¶5124 31.08.2023 379-B (2), 34 IPC Focal Point

¶6166 11.08.2023 379-B (2), 34 IPC Divn. No.6 Industrial Area

¶3The facts and allegatons are being taken from the translated copy of the FIR annexed with the petiton, which reads as follows: "Statement of Mantosh Son of Hardev Resident of Village Baroli Police Staton Baliya UP at present resident of Gali no. 1, Ganpat Colony Back JYOTI Side Sigma College Jaspal Bagar Police Staton Sahnewal Ludhiana aged order/judgment. 1 about 26 years Mobile no. 98031-xxxx stated that I am a resident of above said address and is working in a factory under name & style of Progressive Factory, near Eastman Chowk, Ludhiana. On 27.03.2023 at about 11.30 PM, I along with my friends Munish and Durgesh were going to home on Actva bearing No. PB10-HU-6836 a:er dropping my relatve at Railway Staton, Dhandari. When we reached near Satsang Ghar, Lohara, Gate No.1, then six boys with hair cut on two motorcycles stopped my Actva, by stopping Motorcycle no. PB10-HH-9499 while the other motorcyclist bearing No. PB10-EM-4856 came from their backside. Three occupants of the motorcycle on rear side, while being armed with iron daats started beatng me through the blunt side of the daats. They even gave daat blow on the person of Munish, my friend. Blood started oozing from his person. They were referring each other as Sandeep, Sonu, Anda, Munish, Dev and Nitn. But I can recognize all above said person that come before me. When I and my friends raised hue and cry, then motorcyclists along-with their motorcycle stole my Actva and rushed away towards Lohara Road to whom I contnued to search for them, but I did not find anything. Legal acton should be taken against two motorcyclists namely Sandeep, Sonu, Anda, Munish, Dev and Nitn. I record my statement, heard and the same is correct. SD/- Mantosh verified by SI Rajwant Singh No. 315/ Ludhiana In charge Chowki, Kanganwal, Police Staton Sahnewal. Dated 30-08-2023 Police Proceedings Today me SHO along with SB Gurmukh Singh no. 203/LCP, Constable Jasvir Singh no. 1407/Ldh, Constable Harjinder Singh no. 343/Ldh were present at near Eastman Chowk, Ludhiana in connecton with the search for a suspicious man. Then above said Mantosh came and recorded their statement to me. The statement which I was recorded, word by word read out to him, who a:er listening and by agreeing, signed the same in English which was verified by me SB. From the statement offence under Secton 379-B(2), 34 of Indian Penal Code 1860 seems to be commiGed. So ruqa and statement is sent through Constable Harjinder Singh no. 343/Ldh for registraton of case against two motorcyclists namely Sandeep, Sonu, Anda, Munish, Dev and Nitn to police staton. A:er registraton of case, the case number be made known. Control room intmated through wireless. Special reports be issued."

¶4The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family. order/judgment. 2

¶5The State's counsel opposes bail based on instructons. REASONING:

¶6There is sufficient primafacie evidence connectng the pettoner with the alleged crime. However, pre-trial incarceraton should not be a replica of post-convicton sentencing. As per the custody certficate dated 12.02.2025, the pettoner's total custody in this FIR is one year, five months and eight days, as such, there is no need of State reply, if tme is given that will only delay the maEer. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegatons, and the other factors peculiar to this case, there would be no justfiability for further pre-trial incarceraton at this stage.

¶7Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶8Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶9While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the aEestng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶10This order is subject to the pettoner's complying with the following terms.

¶11The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner 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.

¶12This bail is conditonal, and the foundatonal conditon is that if the pettonerJYOTI order/judgment. 3 indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶13The concerned trial court is authorized to delete, modify, or relax any of the above conditons and shall be competent to do so in accordance with the law.

¶14Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶15A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and aEest it to be a true copy. If the aEestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aEestng bonds.

¶16Petition allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

19.02.2025 Jyoti-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.02.2025 Pronounced on: 19.02.2025 Sonu ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sahil Vashisht, Advocate, for the pettoner. Mr. Akshay Kumar, AAG, Punjab. ****