Talim Alias Bhola v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 440 09.09.2018 Model Town, 307, 353, 186, 427, 147, 149 IPC; 25 of District Rewari Arms Act and 13(B) of Haryana Gauvansh Sanrakshan and Gau Samvardhan Act, 2015

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 439 of CrPC, seeking regular bail.

¶2As per paragraph 16 of the bail pe!!on and as per paragraph 3(ix) of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated/Year Offenses Police Sta1on

¶1148 30.04.2016 379/411 IPC, 25/54/59 of Dharuhera Arms Act

¶255 2012 379/411 IPC Nagina

¶3235 09.09.2018 279/186/307/353 IPC, Kasola 25/54/59 of Arms Act

¶4849 2018 323/353/307/186/34 IPC Nuh

¶5358 2022 174-A IPC Kasola

¶6131 2013 174-A IPC Sushant Lok

¶7106 2020 332, 353, 336, 307 IPC Kishangarh Bass 3/25 of Arms Act

¶8177 2021 379/411 IPC Kotwali, Faridabad

¶9149 2023 25/54/59 of Arms Act Rojke Mev

¶10308 2017 365, 395 IPC Kotwali, Faridabad

¶11555 2018 5/13(2) of HGS & GS Act Nuh

¶3The facts and allega!ons are being taken from the FIR, which reads as follows: order/judgment. 1 "To the SHO, Police Staton Model Town, Rewari, Jai Hind, Today on 8-9-18, I HC along with HGH Haridev 173 was deputed on night patrolling in government vehicle number HR 47-A 3626 driven by EHC Vinod Kumar

¶347I HC along with fellow employee was on night patrol in the government vehicle at about 12/12.15 A.M. when we reached Sector 18 cut near Dhaliyavas, a white pickup in which 6-7 young boys were loading cows for cow slaughter. Two-three cows were already loaded in the said pickup, which did not have numbers at the back of the pickup. I HC tried to catch them with the help of his fellow employee, then one of them said, Bhola and Hariya shoot them, on saying this, both of them fired guns in their hands at IO with the intenton to kill. They fired directly at H.C. with the weapons taken from him, then I immediately bent down and sat down, and the bullets passed by H.C. and when the driver of the pickup started driving his vehicle, the said 5-6 boys sat at the rear of the pickup, one of whom said, "Saakil and Kala, pelt stones at the police vehicle". When I H.C. chased the said pickup, the accused si;ng in the vehicle a<acked the PCR with stones and drove their vehicle at a very high speed towards Rajesh Pilot Chowk, regarding which informaton was given to the control room through walkie-talkie set that the said accused have fired bullets at H.C. with the intenton to kill him and have damaged the government vehicle by a<acking it with stones, and have kidnapped cows for cow slaughter, offence u/s 147/149/186/353/307/427 IPC 25/54/59 Arms Act and 13B Haryana Gau Sanrakshan and Gau Savardhana Act 2015 has been commi<ed, hence a wri<en complaint has been sent to the police staton through EHC Vinod 347. A@er registraton of the case, FIR number be intmated. Special report of the case should be sent to Area Magistrate, higher officials and other competent investgaton officer should be sent to the spot. I HC was busy at the spot for investgaton. SHO sahab was called on the spot through telephone. Today at Sec. 18 Cut Dhaliyawas SD SANJAY KUMAR HC PS MTOWN DT 9-9-18 AT

1.05AM."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further 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. It would be appropriate to refer to para 5 of the status report, which reads as follows: order/judgment. 2 "That during inves!ga!on it reveals that accused had done fire upon police party with the inten!on to kill them and the aforesaid applicant/accused Talim @ Bhola was ini!ally arrested in this case on 02.03.2019, as he was already in custody in some other case. Later on, the applicant/accused Talim was granted regular bail by the court of Learned Addi!onal Judge, Rewari vide order dated 06.06.2019. ThereaGer applicant-accused Talim@ Bhola absented himself from the court proceedings in viola!on of terms and condi!ons of the bail, and ul!mately on 23.02.2021 and he was declared proclaimed offender vide order dated 06.05.2023. ThereaGer applicant/accused was produced before the court in this case on

05.02.2024. These circumstances are prima facie indica!ng towards the glaring possibility of flee of accused from the process of court, in case the concession of bail is granted to him again then securing his appearance before the court will be very difficult in future, which will cause considerable delay in the trial of this case." REASONING:

¶6The pe!!oner was earlier on bail; however, he failed to appear, which led to the cancella!on of the bail and he was declared proclaimed offender vide order dated

06.05.2023 passed by Addi!onal Sessions Judge, Rewari.

¶7As pe!!oner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condi!on.

¶8Given the penal provisions invoked viz-a-viz pre-trial custody, 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 further pre-trial incarcera!on at this stage.

¶9Without 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. This order shall come into force from the !me it is uploaded on this Court's official webpage. CONDITIONS:

¶10Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned order/judgment. 3 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 aQes!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.

¶13The pe!!oner shall aQend the Trial on every date and shall not seek single adjournment without cogent reason.

¶14The concerned trial court is authorized to delete, modify, or relax any of the above condi!ons and shall be competent to do so in accordance with the law.

¶15Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A 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 aQest it to be a true copy. If the aQes!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 aQes!ng bonds.

¶17Pe11on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

07.02.2025 Jyo!-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.02.2025 Pronounced on: 07.02.2025 Talim @ Bhola ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Pardeep Chhoker, Advocate for the pe!!oner. Mr. Aashish Bishnoi, D.A.G., Haryana. ****