CRM-M-17300 IN THE HIGH COURT OF PUNJAB AND HARYANAAT 110 ABHISHEK STATE OF CORAM: HON'BLE MR. JUSTICE Present : SURYA P petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. dated 17.08 137(2), 231, 238(b), Sanhita, 2023, Police Station Ismailabad, District Kurukshetra. 2. the instance of ‘ ‘complainant’ only. It was stated by the above 30.07.2025 83316, made by a lady. According to compla abovesaid 17300-2026 (O&M) 8587 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM DATE OF DECISION ABHISHEK VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Shakti Mehta, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG Haryana SURYA PARTAP SINGH, J. This petition for pre-arrest bail is petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. 17.08.2025, for the commission of offence punishable under Sections 137(2), 231, 238(b), 308(2), 309(6), 351(3), 61(2) of Sanhita, 2023, Police Station Ismailabad, District Kurukshetra. The abovementioned FIR came into being the instance of ‘Hemant Kumar’, hereinafter being referred to as ‘complainant’ only. It was stated by the above 30.07.2025, at about 05:10 pm, he received a call from mobile No.98769 83316, made by a lady. According to compla said lady, and that he had only a chat with her. 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM-M-17300-2026 (O&M) DATE OF DECISION : 01.04.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH Shakti Mehta, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG Haryana. arrest bail is the first petition, filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.173 , for the commission of offence punishable under Sections 308(2), 309(6), 351(3), 61(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Ismailabad, District Kurukshetra. FIR came into being came into being , hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that , he received a call from mobile No.98769 83316, made by a lady. According to complaint, he had never met the and that he had only a chat with her. As per complainant, the .2026 .....PETITIONER .....RESPONDENT filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 173 , for the commission of offence punishable under Sections Bharatiya Nyaya came into being at , hereinafter being referred to as named complainant that on , he received a call from mobile No.98769- int, he had never met the complainant, the GAURAV THAKUR 2026.04.01 20:54 I attest to the accuracy and integrity of this document CRM-M-17300 abovesaid lady uploaded her picture on was a very poor lady standing at Kalka Chowk. According to complainant, she requested him to drop her at Ismailabad. 3. pm, he reached the place, where he recognized the girl, who was accompanied complainant, when he was motorcycle, due to insistence of motorcycle 2 As per complainant, there suddenly and forced complainant towards a village. It had been further alleged that after covering some distance he was thrashed with a stick and by threaten assailants snatched Rs.8,000/ that Rs.2,250/ card, a 10 by the above 4. statement 5. 17300-2026 (O&M) 8587 said lady uploaded her picture on th a very poor lady standing at Kalka Chowk. According to complainant, she requested him to drop her at Ismailabad. It had been further stated by the complainant that at , he reached the place, where he recognized the girl, who was accompanied by another lady, introduced as her sister complainant, when he was on his way to drop them a motorcycle, due to insistence of above motorcycle 2-3 km before the toll plaza, as they wanted to ease themselves. As per complainant, there suddenly four persons and forced him to sit in the vehicle alo complainant, they drove their vehicle away towards a village. It had been further alleged that after covering some distance he was thrashed with a stick and by threaten assailants snatched his mobile phone 000/-, via UPI, into their account. It was also stated by the complainant that Rs.2,250/- were also taken from his purse, and that his bracelet, Aadhar 10 dollar currency note and wristwatch were also forcibly the above-said assailants. It is the case of the prosecution that statement, formal FIR of this case was lodged and the investigation Notice of motion. 2 he ‘Instagram’ and told him that she a very poor lady standing at Kalka Chowk. According to complainant, she requested him to drop her at Ismailabad. It had been further stated by the complainant that at about 05:30 , he reached the place, where he recognized the girl, who was introduced as her sister-in-law. According to to drop them at Ismailabad on his ementioned ladies, he stopped the 3 km before the toll plaza, as they wanted to ease themselves. persons arrived in a Bolero vehi ong with the ladies. According they drove their vehicle away on Pehowa-Kaithal Highway towards a village. It had been further alleged that after covering some distance he was thrashed with a stick and by threatening to kill, mobile phone and transferred Rs.57,250/- , via UPI, into their account. It was also stated by the complainant were also taken from his purse, and that his bracelet, Aadhar note and wristwatch were also forcibly snatch It is the case of the prosecution that in view of abovementioned , formal FIR of this case was lodged and the investigation taken up. and told him that she a very poor lady standing at Kalka Chowk. According to complainant, 05:30 , he reached the place, where he recognized the girl, who was law. According to t Ismailabad on his ladies, he stopped the 3 km before the toll plaza, as they wanted to ease themselves. icle g to Highway, towards a village. It had been further alleged that after covering some the - + , via UPI, into their account. It was also stated by the complainant were also taken from his purse, and that his bracelet, Aadhar hed in view of abovementioned taken up. GAURAV THAKUR 2026.04.01 20:54 I attest to the accuracy and integrity of this document CRM-M-17300 6. behalf of respondent dispensed with. 7. 8. the petitioner is innocent, who has been falsely implicated in the present case. According to learned counsel for the petitioner, there is no legally admissible evidence against the petitione be recovered from his possession. 9. was dismissed by this Court on 01.10.2025, counsel for the petitioner that the role was altogether different from the role assigned to the present petitioner. It has also been contended by learned counsel for the petitioner that according to prosecution, commission of crime, and there were account also, but there is no and the present petitioner. 10. abovementioned arguments. According to learned present case the allegations against the petitioner are that he was the prime accused in the the entire eve 17300-2026 (O&M) 8587 Mr. Ramender Singh Chauhan, AAG Haryana behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. Heard. It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present case. According to learned counsel for the petitioner, there is no legally admissible evidence against the petitione be recovered from his possession. With regard to a pre-arrest was dismissed by this Court on 01.10.2025, counsel for the petitioner that the role assigned to the co was altogether different from the role assigned to the present petitioner. It has also been contended by learned counsel for the petitioner that according to prosecution, the vehicle of co-accused Deepak ommission of crime, and there were c account also, but there is no such linkage between the commission of crime and the present petitioner. The learned State Counsel abovementioned arguments. According to learned present case the allegations against the petitioner are that he was the prime accused in the commission of crime, who was responsible for orchestrating the entire event. As per learned State Counsel, in the present case the 3 Mr. Ramender Singh Chauhan, AAG Haryana appears on State. Hence service of notice upon the State is hereby It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present case. According to learned counsel for the petitioner, there is no legally admissible evidence against the petitioner, and that nothing has been left to arrest bail petition of co-accused, which was dismissed by this Court on 01.10.2025, it has been contended by learned assigned to the co-accused ‘Deepak’ was altogether different from the role assigned to the present petitioner. It has also been contended by learned counsel for the petitioner that according accused Deepak was used in the certain money transactions in his linkage between the commission of crime The learned State Counsel has controverted the abovementioned arguments. According to learned State Counsel, in the present case the allegations against the petitioner are that he was the prime commission of crime, who was responsible for orchestrating As per learned State Counsel, in the present case the appears on State. Hence service of notice upon the State is hereby It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present case. According to learned counsel for the petitioner, there is no legally r, and that nothing has been left to accused, which it has been contended by learned accused ‘Deepak’ was altogether different from the role assigned to the present petitioner. It has also been contended by learned counsel for the petitioner that according was used in the money transactions in his linkage between the commission of crime has controverted the in the present case the allegations against the petitioner are that he was the prime commission of crime, who was responsible for orchestrating As per learned State Counsel, in the present case the GAURAV THAKUR 2026.04.01 20:54 I attest to the accuracy and integrity of this document CRM-M-17300 recovery of dollar currency 11. 12. settled principles of law that the Court must be circumspect exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the the extraordinary remedy. 13. India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. 14. case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. 17300-2026 (O&M) 8587 recovery of one mobile phone, Aadhaar Card, one silver bracelet and currency note, is yet to be effected. The record has been perused carefully. As far as the benefit of anticipatory bail is settled principles of law that the Court must be circumspect exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. 4 one mobile phone, Aadhaar Card, one silver bracelet and a , is yet to be effected. The record has been perused carefully. As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect, while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted Court is convinced that exceptional circumstances exist for With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that me Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. a 10 concerned, it is while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted Court is convinced that exceptional circumstances exist for With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that me Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of GAURAV THAKUR 2026.04.01 20:54 I attest to the accuracy and integrity of this document CRM-M-17300 15. Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not b Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. 16. 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: 17. accused has suffered a disclosure statement, wherein he present petitioner. Since in the present case the custodial interrogation of the petitioner will help the Investigating Agency not only i 17300-2026 (O&M) 8587 Similarly, in the case of Nikita Jagganath Shetty ali Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 980 SCC (2) 565, the Hon'ble Supreme Court of India held that: (i) The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in exceptional cases only. (ii) In addition to the limitations ment petitioner must make out a special case for the exercise of the power to grant anticipatory bail. (iii) Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be exercised. A perusal of record shows that in the present case, the co accused has suffered a disclosure statement, wherein he present petitioner. Since in the present case the custodial interrogation of the petitioner will help the Investigating Agency not only i 5 Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional e granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 980 SCC (2) 565, the Hon'ble Supreme Court of India held that:- The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the stigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be ecord shows that in the present case, the co accused has suffered a disclosure statement, wherein he nominated the present petitioner. Since in the present case the custodial interrogation of the petitioner will help the Investigating Agency not only in fixing the role and as Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional e granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in ioned in Section 437, the petitioner must make out a special case for the exercise of the Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the stigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be ecord shows that in the present case, the co- nominated the present petitioner. Since in the present case the custodial interrogation of the n fixing the role and GAURAV THAKUR 2026.04.01 20:54 I attest to the accuracy and integrity of this document CRM-M-17300 extent of participation of the petitioner in the commission of crime, but in recovery of proceeds of crime irrespective of the fact that the petitioner’s role stands on a different footing than the role attributed to the co petitioner is not entitled for pre 18. custodial interrogation of the present case, if such right is den likely to result into miscarriage of justice, as the investigation proper headway 19. above-discussed circumstances exist in this case, which may call for the discretion Thus, it is hereby held dismissal. Accordingly, the same is 20. shall not be construed as an expression of opinion on the merits of the ca 21. application 01.04.2026 Gaurav Thakur Whether speaking/reasoned Whether reportable 17300-2026 (O&M) 8587 extent of participation of the petitioner in the commission of crime, but n recovery of proceeds of crime. T irrespective of the fact that the petitioner’s role stands on a different footing an the role attributed to the co-accused Deepak, it is hereby held that the petitioner is not entitled for pre-arrest bail. It shall not be out of place to mention here that right of custodial interrogation of the Investigating Agency is a valuable the present case, if such right is denied to the Investigating Agency likely to result into miscarriage of justice, as the investigation proper headway. If the fact-situation of instant case discussed principles of law, it transpires that circumstances exist in this case, which may call for the discretionary jurisdiction, vested in this Court it is hereby held that the present petition . Accordingly, the same is hereby It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the ca Since the main petition has been dismissed, pending applications, if any, are rendered infructuous. .2026 (SURYA PA Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 6 extent of participation of the petitioner in the commission of crime, but also Thus, it is hereby observed that irrespective of the fact that the petitioner’s role stands on a different footing accused Deepak, it is hereby held that the arrest bail. It shall not be out of place to mention here that right of ting Agency is a valuable right, and in ied to the Investigating Agency it is likely to result into miscarriage of justice, as the investigation may not take a situation of instant case is analyzed in the light , it transpires that no such exceptional circumstances exist in this case, which may call for the exercise of this Court for grant of anticipatory bail. petition is devoid of merits deserve hereby dismissed. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending rendered infructuous. SURYA PARTAP SINGH) JUDGE :Yes/No : Yes/No also it is hereby observed that irrespective of the fact that the petitioner’s role stands on a different footing accused Deepak, it is hereby held that the It shall not be out of place to mention here that right of and in it is may not take a is analyzed in the light of no such exceptional exercise of for grant of anticipatory bail. deserves It is, however, clarified that the observations made hereinabove se. Since the main petition has been dismissed, pending GAURAV THAKUR 2026.04.01 20:54 I attest to the accuracy and integrity of this document