Gaurav v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections

09.11.2024 Sahabad, District Kurukshetra 115, 126(2), 190, 191(3), 117(2), 304 of BNS

¶1The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

¶2In paragraph 8 of the bail petition, the accused declares that he has no criminal antecedents.

¶3The facts and allegations are being taken from the reply filed by the State, which reads as follows: "To, Station House Officer, Police Station Shahabad. Sir, I request that I am resident of above said address and I have my own small elephant (Vehicle) and I do rental work and we are three brothers and three sisters who got married just a week ago, on 08.11.2024 I was at my home when I received a call on my phone number 98174-10158 from an unknown number 97299-87173 that we have to take some goods from near the liquor desi Theka, Tangaur to Shahabad Chungi, which you should reach near the liquor desi theka, Tangaur at around 6 pm in the evening, our fare was fixed at Rs.1000, which time was around 6:00 pm, I left from my house with my small elephant (Vehicle) whose number is HR65-9937 for the mentioned address, when at around 6:45 pm I reached a place a little before the liquor desi theka, Tangaur. When I reached the camp which was about 200 meters away from the road, there were about seven to eight persons and four-five motorcycle were also on the road. They stopped me by waving their hands. When I stopped my small elephant (Vehicle), then the persons standing on the road abused me and asked me to get out. I got down from my small elephant (Vehicle). As soon as I got down, all those persons started bearting me. All of them had covered their faces with clothes and they had iron rods and wooden sticks in their hands with which they hit me on my head, legs and other parts of the body. After getting hit, I fell unconscious. Those persons snatched away my gold neck chain, gold ring, wrist watch, HMT and my Samsung mobile and took them away. The names and addresses of the persons who beat me up and took away my belongings, legal action should be taken against them and my belongings should be returned to me."

¶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.

¶6Pre-trial incarceration should not be a replica of post-conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration.

¶7Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage.

¶8Without 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. This order shall come into force from the time it is uploaded on this Court's official webpage.

¶9Given 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 Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

¶10While 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)

¶11The petitioner is directed to join the investigation 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 Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶12Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall not enter the property, workplace, and residence of the victim until the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or cause any discomfort to the victim. Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna Bhatt v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.

¶13Given the background of allegations against the petitioner, it becomes paramount to protect the complainant, members of society, and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearms. [This restriction is being imposed based on the preponderance of the evidence of probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be construed as an intermediate sanction]. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority within fifteen days of release from prison and inform the Investigator of the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and reclaim them in case of acquittal in this case, provided otherwise permissible under the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offense.

¶14In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶15This bail is conditional, and the foundational condition is that if the petitioner

indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶16Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶17A 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.

¶18Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.02.2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Gaurav ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Chander Shekhar Singhal, Advocate for the petitioner. Mr. Aashish Bishnoi, DAG, Haryana. ****