Ravinder Bedi Alias Bablu Kumar Alias Babbal Alias Ravinder Kumar v. State of Punjab

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

07.05.2019 Moti Nagar, District Ludhiana 379-B/411/34 IPC

¶1The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 11 of the bail petition, the accused declares the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station 2022 399, 402 IPC Moti Nagar, District Ludhiana 2021 174A IPC Jodhewal Basti, District Ludhiana 2021 379, 411, 473 IPC Tiba Road, District Ludhiana 2014 323 IPC Basti Jodhewal, District Ludhiana

¶3The facts and allegations are being taken from the reply filed by the State, which reads as follows: "3.That it is respectfully submitted that on receipt of copy of order dated

06.02.2025 by this Hon'ble Court, the deponent has discussed the matter

with SHO Police Station Moti Nagar, Ludhiana and after perusal of the record, it has been revealed that the FIR (supra) came to be registered against un-unknown persons at the instance of complainant Rajinder Parshadinter-alia on the allegations as contained in the FIR.

¶4That during investigation ASI Baldev Raj alongwith police officials and complainant were present at Ramdarbar chowk, Verdman Road, Ludhiana for checking then from the side of Police Station Moti Nagar, Ludhiana to Clean Shevan young men were seen coming on a white colour Activa who were signaled to stop but the person driving the Activa instantly try to turn back and ran away and the Activa collided with divider and both of them fell down. The Activa was damaged from the front and both the young persons sustained injuries.

¶5That the IO with the help of officials apprehended them and the complainant Rajindra Parshad identified them that they are the same persons who snatched his mobile phone. ASI Baldev Raj asked the whereabouts of the arrested persons. The driver of the Activa disclosed his name as Bablu Kumar @ Babbal (present petitioner) and the pillion rider named himself as Sawiya @ Suraj Kumar. Both of them were arrested and the Activa taken into police possession.

¶6That during investigation on 08.05.2019 the petitioner and co-accused Sawiya @ Suraj have made confession U/s 27 of evidence Act. During confession the petitioner disclosed that "on dated 06.05.2019, myself and Sawiya alias Suraj Kumar, in connivance with each other, while riding on Activa, without number, belonging to my sister Pooja, firstly at about 8:00 O'clock, in morning, snatched mobile phone made VIVO from a person selling vegetables on cart in the area of Transport Nagar, Ludhiana and after that, we both, riding on this very scooter, snatched mobile phone from a lady passing through road in the area of Metro road, Ludhiana. On snatching of mobile from lady on Metro Road, public chased us, upon which we threw this phone. Mobile phone VIVO snatched from the area of Transport Nagar is lying at the house of Sawiya alias Suraj and I can get the same recovered from the house of Suraj by accompanying you." A copy of the confession of the petitioner is attached herewith as Annexure R-1.

¶7That as per the confession of the petitioner and co-accused Sawiya @ Suraj Kumar, IO got recovered Mobile Phone Vivo colour blue from the house of the co-accused Sawiya @ Suraj Kumar which was snatched by them from the complainant on 08.05.2019 and the same was taken into

police possession. A copy of the recovery memo is attached herewith as Annexure R-2."

¶4The 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.

¶5The State's counsel opposes bail and refers to the reply. REASONING:

¶6The petitioner was earlier on bail; however, he failed to appear, which led to the cancellation of the bail and ultimately he was declared proclaimed offender vide order dated 12.03.2021 passed by the Additional Sessions Judge, Ludhiana. After that he was arrested on 29.01.2024 and since then he is in custody.

¶7The petitioner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condition that the petitioner shall not remain absent from the trial even on a single day and subject to compliance with the conditions so imposed.

¶8Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, fact that petitioner was earlier on bail and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage.

¶9Without 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. CONDITIONS:

¶10Given 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.

¶11While furnishing a personal bond, the petitioner shall mention the following personal identification details:

¶1AADHAR number

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

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶12This order is subject to the petitioner's complying with the following terms.

¶13The petitioner shall attend the Trial on every date and shall not seek any

adjournment.

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

¶15A 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.

¶16Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA)

JUDGE

26.03.2025 anju rani

No.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 12.03.2025 Pronounced on: 26.03.2025 Ravinder Bedi alias Bablu Kumar alias Babbal alias Ravinder Kumar ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. G.S. Virk, Advocate for the petitioner. Mr. Adesh Pal Singh, AAG, Punjab. ****