Sahil v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 206 25.05.2024 Narnaund, District 147, 149, 307, 323, 506 and 452 IPC Hansi

¶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.

¶2In paragraph 14 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons are being taken from the status report filed by the State, which reads as follows: "2. That, the brief facts of the case are that on 24.05.2024 a ruqa was received in Police Staton Narnaund regarding admission of Sonu son of Sube Singh in General Hospital, Hisar a%er referring from CHC Narnaund in a fight case. Contact was made on the mobile number, who told that Sonu is admi(ed in Sarvodaya Hospital, Hisar. On 25.05.2024, a%er reaching Sarvodaya Hospital, Hisar and taking the opinion of doctor was obtained and statement of Sonu was recorded to the effect that he is resident of Ward No.3 Narnaund and have a shop by the name of SainiJYOTI order/judgment. 1 Juice Corner at Khanda Mod. Further he alleged that Sahil (Present Pettoner) son of Ishwar Valmiki, resident of ward No.8, Narnaund had taken juice and pastries etc. worth about Rs.350/- on credit from his shop about 3-4 months ago. When he asked him for paying the said amount, he used to say that he will return it in 2-3 days. On 24.5.2024, at about 2:30 PM, he was present in his shop and at that tme, Sahil (Present Pettoner) was passing by his shop. When he asked him for paying the aforesaid amount, he abused him and went away saying that he will se(le the amount a%er some tme. Therea%er, about 15-20 minutes, Sahil (Present Pettoner) along-with 5-6 other persons came to his shop. Sahil (Present Pettoner) was having an ice pick in his hand, Sagar (co-accused) had a binda in his hand and the other were having sharp weapons and all of them entered in his shop illegally. Sahil (Present Pettoner) raised alarm and said that he would teach lesson to him for asking for money and a(acked on the neck of the complainant with sua (ice pick). When he tried to rescue himself, sua hit his waist on the right side below the neck. Hearing his scream, neighboring shopkeepers came at the spot and on seeing them all the accused persons ran away from the spot with their weapons and threatened him not to ask about money, otherwise he would be killed. Therea%er, he was shi%ed to CHC Narnaund but due to the serious injuries, his family members admi(ed him in Sarvodaya Hospital, Hisar. A prayer was made for taking acton against present pettoner Sahil, co-accused Sagar and others. Copy of MLR is annexed herewith as Annexure R-1. On the basis of said statement and injuries menton in MLR, a case FIR No. 206 dated 25.05.2024 under sectons 147, 149, 323, 506 IPC was registered at Police Staton Narnaund."

¶4Counsel for the pettoner submits that the ma<er stands compromised and the co-accused had already been granted bail by this Court vide order dated 14.11.2024 passed in CRM-M-46337-2024 (Annexure P-2). He further 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.

¶5The State's counsel opposes bail and refers to status report. However, counsel for the complainant submits that the ma<er stands compromised between the partes and he has no objecton in case this Court grants bail to the pettoner and refer affidavit of complainant dated 24.12.2024.

¶6It would be appropriate to refer to the following portons of the status report, order/judgment. 2 which read as follows: "8. That, during the course of investgaton, it has been found that the present pettoner was actvely involved in commission of offence. The allegatons leveled against the present pettoner are serious in nature. In view of above facts and circumstances explained above no ground is made out to grant concession of regular bail to the pettoner and the possibility of violaton of terms and conditons of bail bonds cannot be ruled out. There is also possibility that the pettoner will not appear before the Ld. Trial Court and can give threat, promise or inducement to the person(s) acquainted with the facts of the case." REASONING:

¶7There 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 paragraph 6 of the bail petton, the pettoner has been in custody since 05.06.2024. As per the custody certficate dated 18.02.2025, the pettoner's total custody in this FIR is eight months and nine days. Given the penal provisions invoked viz-a-viz pre-trial custody, factum of compromise, 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.

¶8Given the nature of allegatons coupled with the fact that partes have compromised the ma<er, pettoner is enttled for bail. However, it is clarified that this bail order shall neither be considered as a reason to quash the FIR nor shall come as hindrance in the way of the prosecuton or the Court in case, there is violaton of Sectons 216/217 of BNS 2023 (181/182 IPC earlier).

¶9Without commentng on the case's merits, in the facts and circumstances peculiar to this case, compromise of the ma<er, and for the reasons mentoned above, the pettoner makes a case for bail.

¶10Given 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 order/judgment. 3

¶11While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the a<estng 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 pettoner's complying with the following terms.

¶13The 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.

¶14This bail is conditonal, and the foundatonal conditon is that if the pettoner 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.

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

¶16A 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 a<est it to be a true copy. If the a<estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a<estng bonds.

¶17Pe11on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.02.2025 Jyot-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 20.02.2025 Pronounced on: 28.02.2025 Sahil ...Pettoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Robin Lohan, Advocate for the pettoner. Mr. Naveen Kumar Sheoran, D.A.G., Haryana. Mr. Madan Sandhu, Advocate for the complainant. ****