CRM-M-24057 IN THE HIGH COURT OF PUNJAB AND HARYANAAT 207 ALEEM 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. 10.03.2026 121(1), 121(2), 132, 109(1) and 221 of ‘the Police Station 2. information regarding admission of injured Constable Upendra in ‘Nalhar Hospital’, in a 24057-2026 (O&M) 8587 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM DATE OF DECISION VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Kamal Deep Sehra and Ms. Ritu, 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. 10.03.2026, for the commission of of 121(1), 121(2), 132, 109(1) and 221 of ‘the Police Station City Nuh. The abovementioned FIR came into being information regarding admission of injured Constable Upendra in ‘Nalhar , in a roadside accident. According to prosecution, on 10.03.2026, 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM-M-24057-2026 (O&M) DATE OF DECISION : 19.05.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH Kamal Deep Sehra and Ms. Ritu, Advocates 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.26 dated , for the commission of offence punishable under Section 121(1), 121(2), 132, 109(1) and 221 of ‘the Bharatiya Nyaya Sanhita, 2023 FIR came into being on the basis of information regarding admission of injured Constable Upendra in ‘Nalhar roadside accident. According to prosecution, on 10.03.2026, .2026 .....PETITIONER .....RESPONDENT filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, dated fence punishable under Sections Bharatiya Nyaya Sanhita, 2023’, basis of information regarding admission of injured Constable Upendra in ‘Nalhar roadside accident. According to prosecution, on 10.03.2026, GAURAV THAKUR 2026.05.19 18:39 I attest to the accuracy and integrity of this document CRM-M-24057 at about present near HDFC Bank, Nuh on crime prevention duty, when secret information was received that ‘Babbu @Aleem’ (the petition would be coming in ‘Scorpio’ prosecution, thereafter a barricad petitioner, he was car and attempte abovementioned incident, injuries, whereas the 3. abovementioned investigation taken up. 4. record. 5. 6. the petitioner contents of the medico of medico were suffered in a roadside accident. It has also been contended by learned counsel for the petitioner that information 24057-2026 (O&M) 8587 at about 03:05 pm, EHC Bharatpal along with other police officials present near HDFC Bank, Nuh on crime prevention duty, when secret information was received that ‘Babbu @Aleem’ (the petition would be coming in ‘Scorpio’ vehicle carrying contraband. prosecution, thereafter a barricade was laid and on petitioner, he was given the signal to stop, but the and attempted to run over the police officials abovementioned incident, Constable Upendra , whereas the accused fled from the spot. It is the case of the prosecution that pursuant to abovementioned incident, formal FIR of this case investigation taken up. Reply has already been filed by the State. The same be taken on Heard. It has been contended by learned counsel for the the petitioner is being falsely implicated in the present of the medico-legal report of the injured itself shows that at the time of medico-legally examination, it was reported to the doctor that the injur suffered in a roadside accident. It has also been contended by learned counsel for the petitioner that the police party was already having prior information about the visit of petitioner and therefore, it fails to 2 03:05 pm, EHC Bharatpal along with other police officials was present near HDFC Bank, Nuh on crime prevention duty, when secret information was received that ‘Babbu @Aleem’ (the petitioner herein) vehicle carrying contraband. According to was laid and on arrival of vehicle of the signal to stop, but the petitioner accelerated d to run over the police officials. As per prosecution in the Constable Upendra was hit and suffered grievous accused fled from the spot. It is the case of the prosecution that pursuant to formal FIR of this case has been lodged and the y has already been filed by the State. The same be taken on It has been contended by learned counsel for the petitioner that is being falsely implicated in the present case, and that the legal report of the injured itself shows that at the time , it was reported to the doctor that the injur suffered in a roadside accident. It has also been contended by learned the police party was already having prior and therefore, it fails to convince was present near HDFC Bank, Nuh on crime prevention duty, when secret er herein) According to of the accelerated the . As per prosecution in the suffered grievous It is the case of the prosecution that pursuant to lodged and the y has already been filed by the State. The same be taken on petitioner that , and that the legal report of the injured itself shows that at the time , it was reported to the doctor that the injuries suffered in a roadside accident. It has also been contended by learned the police party was already having prior convince a GAURAV THAKUR 2026.05.19 18:39 I attest to the accuracy and integrity of this document CRM-M-24057 prudent mind that the petitione the police party. 7. counsel for the petitioner that the petitioner’s right hand does not work properly, as he has suffered disfigurement in fingers. 8. the petitioner has a very long history prosecution in more than 14 cases. It has also been contended by learned State Counsel that there is ample eviden driving the vehicle at the time of incident order to fix the responsibility of the petitioner his custodial interrogation is necessary. 9. 10. 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 granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. 11. the case of Srikant Upa 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 24057-2026 (O&M) 8587 prudent mind that the petitioner managed to the police party. In addition to above, it has also been contended by learned counsel for the petitioner that the petitioner’s right hand does not work properly, as he has suffered disfigurement in fingers. Per contra, the learned State Counsel has contended that firstly the petitioner has a very long history of prosecution in more than 14 cases. It has also been contended by learned State Counsel that there is ample eviden driving the vehicle at the time of incident order to fix the responsibility of the petitioner his custodial interrogation is necessary. 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 exercising power for grant of anticipatory bail and it should not be granted as a matter of routine. 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 above, 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 3 managed to run away from the clutches of In addition to above, it has also been contended by learned counsel for the petitioner that the petitioner’s right hand does not work properly, as he has suffered disfigurement in fingers. , the learned State Counsel has contended that firstly of criminal cases, as he is facing prosecution in more than 14 cases. It has also been contended by learned State Counsel that there is ample evidence to show that the petitioner was driving the vehicle at the time of incident. As per learned State Counsel, order to fix the responsibility of the petitioner, and for recovery of vehicle, een 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 . Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances , the Hon'ble Supreme Court of India in dhyay 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 run away from the clutches of In addition to above, it has also been contended by learned counsel for the petitioner that the petitioner’s right hand does not work , the learned State Counsel has contended that firstly criminal cases, as he is facing prosecution in more than 14 cases. It has also been contended by learned to show that the petitioner was . As per learned State Counsel, in and for recovery of vehicle, As far as the benefit of anticipatory bail is concerned, it is while exercising power for grant of anticipatory bail and it should not be granted . Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances , the Hon'ble Supreme Court of India in dhyay 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 GAURAV THAKUR 2026.05.19 18:39 I attest to the accuracy and integrity of this document CRM-M-24057 that bail is a rule, it cannot; by any stretch of imagi anticipatory bail is a rule. 12. case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each 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 i 13. 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 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 offe 14. 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: 24057-2026 (O&M) 8587 that bail is a rule, it cannot; by any stretch of imagi 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 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. 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 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 offe In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 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 sparin exceptional cases only. (ii) 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. 4 that bail is a rule, it cannot; by any stretch of imagination, be said that 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 nvestigation. 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 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 1980 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. nation, be said that The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of 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 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 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 In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab The power under Section 438, Criminal Procedure Code, is of gly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the GAURAV THAKUR 2026.05.19 18:39 I attest to the accuracy and integrity of this document CRM-M-24057 15. the relevant factors which are require decision:- 16. relevant laws offence, it extraordinary jurisdiction to protect the petit 24057-2026 (O&M) 8587 (iii) Where a legitimate case for the remand of the offende 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, following are the relevant factors which are required to be taken into consideration - i. that in total there are 14 petitioner. The abovementioned fact in itself speaks the criminal antecedents of the petitioner; ii. that the status report, furnished by the State one of the cases the petitioner was declared a proclaimed offender which demonstrates that the petitioner has no regard for the rule of law. iii. that there are very specific allegations against the petitioner that the secret information was with regard vehicle being driven by the petitioner had hit the barricade and injured the police Constable. The abovementioned act of the petitioner speaks about the grievous nature of offence committed by him; iv. that the vehicle in question is yet to be recovered. Considering the above-discussed facts relevant laws, criminal antecedents of the petitioner as well as the gravity of , it is hereby observed that no ground exists for invoking the extraordinary jurisdiction to protect the petit 5 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 he power under Section 438 should not be A perusal of record shows that in the present case, following are d to be taken into consideration for a in total there are 14 other cases pending against the petitioner. The abovementioned fact in itself speaks about the criminal antecedents of the petitioner; furnished by the State, shows that, in one of the cases the petitioner was declared a proclaimed which demonstrates that the petitioner has no regard for the rule of law.; that there are very specific allegations against the petitioner that the secret information was with regard to Scorpio vehicle being driven by the petitioner, and that the petitioner had hit the barricade and injured the police Constable. The abovementioned act of the petitioner speaks about the grievous nature of offence committed by him; and question is yet to be recovered. discussed facts & circumstances, , criminal antecedents of the petitioner as well as the gravity of no ground exists for invoking the extraordinary jurisdiction to protect the petitioner, by according the benefit r 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 he power under Section 438 should not be A perusal of record shows that in the present case, following are for a ending against the about that, in one of the cases the petitioner was declared a proclaimed which demonstrates that the petitioner has no that there are very specific allegations against the petitioner to Scorpio and that the petitioner had hit the barricade and injured the police Constable. The abovementioned act of the petitioner speaks about the the , criminal antecedents of the petitioner as well as the gravity of no ground exists for invoking the by according the benefit GAURAV THAKUR 2026.05.19 18:39 I attest to the accuracy and integrity of this document CRM-M-24057 of pre-arrest bail. devoid of merits accordingly 17. shall not be construed as an expression of opinion on the merits of the case. 18. application 19.05.2026 Gaurav Thakur Whether speaking/reasoned Whether reportable 24057-2026 (O&M) 8587 arrest bail. Thus, it is hereby held devoid of merits deserves dismissal. accordingly. It is, however, clarified that the observations made hereinab shall not be construed as an expression of opinion on the merits of the case. 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 it is hereby held that the present petition being . The same is 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 being dismissed, ove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending GAURAV THAKUR 2026.05.19 18:39 I attest to the accuracy and integrity of this document