Anurag v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta.on Sec.ons 225 22.04.2025 Ladwa, District 121(1), 132, 221, 226, 351(2), 3(5) of Kurukshetra BNS, 2023 and Sec!on 3 of Preven!on of Damage to Public Property Act.

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 15 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the translated copy of FIR annexed with the bail pe!!on as Annexure P-1, which reads as follows: "xxx xxx you are informed that an applicaton in the name of Kavya Resort for new connecton was received vide File No. K23-425-96, dated 11/4/2025. Upon which on 16.04.2025, we went there for installaton of meter, but Prem Chand and Anurag did not allow the meter to be installed. Regarding this, I had informed S.H.O. Police Staton Ladwa vide le3er No. SPL-1, dated

16.04.2025. Therea5er, a le3er No.897 dated 18.04.2025 was wri3en to S.H.O. Police Staton Ladwa for police assistance with regard to the above connecton. So, Today, on 22.04.2025, at around 4 P.M., I went to the order/judgment. 1 police staton Ladwa and I along with S.H.O. Ladwa and other police personnel reached at the site of Kavya Resort for installing the meter, the meter was installed there in the presence of police personnel. The videography of which was made by the police staff. A5er that I went to Kavya Resort to get the connecton in the outgoing cable, by then the police personnel had le5 from there. As soon as I was going out of Kavya Resort to sit in my car, then Prem Chand, his son Anurag and 3-4 others a3acked upon me and abused me and beat me up. MLR of which is a3ached. They threatened to kill me. I had a gold chain of 18-20 grams around my neck, which has also been snatched and when I went to the spot with the police personnel to install an electricity meter to give an electricity connecton, then Prem Chand S/O Mela Ram, his son Anurag and others threatened us and for obstructng our work they all threatened us that if we install an electricity meter here and give a connecton then they all will commit suicide in your names and a5er giving the electricity connecton, Prem Chand, his son and others broke the electricity meter and damaged government property. It is requested to you to take legal acton against all the above."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶5The State's counsel opposes bail and refers to the status report.

¶6It would be appropriate to refer to the following por!ons of the status report, which read as follows: "6. The pettoner and other persons during the incident have destroyed the eletric meter No.SS17846241 and electric wire. The pettoner and other accused person have destroyed the above said property. The police recover the eletric meter, electric wire and prepare the recovery memo. The recoery memo a3ached as Annexure R-2.

¶7The pettoner and other accused on dated 22.04.2025 to interfere the government employee to perform their duty. The pettoner obstructed government work and broke the electric meter and electricity wires installed on the electricty pole without the permission of Electricity Department. And in front of SHO Ladwa and other police officials, they complainant Ashok Kumar J.E. and other electricity department order/judgment. 2 employees and police officials were misbehaved with and abused and threatened that they would commit suicide and implicate all of you employees. The pettoner had hurt the government employee during the incident. The pettoner is specific role and his name is in FIR." REASONING:

¶7Allega!ons against the pe!!oner are that he along with co-accused threatened the employee of Electricity Department, obstructed them in their work and also damaged public property. Recovery of damaged material has already been effected. No purpose would be served by sending the pe!!oner in judicial custody.

¶8Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶9Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons and the other factors peculiar to this case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage. Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail.

¶10Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on an!cipatory bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the maHer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶11While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the aHes!ng 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 pe!!oner's complying with the following terms.JYOTI order/judgment. 3

¶13The peoner is directed to join the invesgaon 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 Invesgator. The pe

oner shall be in deemed custody for Sec on 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe

oner shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe

oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶14The pe

oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe

oner 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.

¶15In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe

oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶16This bail is condi onal, and the founda onal condi on is that if the pe

oner

indulges in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶17Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶18A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe

oner can download this order along with case status from the official web page of this Court and aHest it to be a true copy. If the aHes ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for aHes order/judgment.

¶19Pe..on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

15.05.2025 Jyo -II order/judgment.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CRM-M-24862-2025 Date of Decision: 15.05.2025 Anurag ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Khari, Advocate, for the pe!!oner. Ms. Trishanjali Sharma, DAG, Haryana. ****