CRM-M-6901-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6901-2025 Reserved on: 13.02.2025 Pronounced on: 19.02.2025 Arun Kumar ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. M.D. Khan, Advocate and Mr. Ravi Kumar, Advocate for the peoner. Mr. Naveen Kumar Sheoran, D.A.G., Haryana **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 231 09.12.2024 Sector-17 Faridabad, District Faridabad 303(2) BNS 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 14 of the bail peon, the accused declares that he has no criminal antecedents. However, as per paragraph 8 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta0on 1. 147 12.04.2020 188 IPC, 56 of DM Act, 2005 and 61/1/14 of Excise Act DLF Phase-III, District Gurugram 3. The facts and allegaons are being taken from translated copy of the FIR as Annexure P-2, which reads as follows: “To, the Incharge Police Chowki Sector 16 Faridabad, request that I am Sahiram son of Mishri, resident of village Khedli Lala, P.S Sohna, District Gurugram. On 08-12-2024, I was coming from my village to get household goods from Sector 16 Army Canteen and came by bus /ll Ballabhgarh and from Ballabhgarh I took an auto and got down at RG 1 JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-6901-2025 (Old Chowk) Chowk Red Light Faridabad and when I started paying the fare to the auto driver, I no/ced that my purse kept in my pocket was missing. My Punjab Na/onal Bank ATM card, Army Canteen card, Senior Ci/zen Card and about 800 rupees cash were in my purse. Some unknown person stole my purse and the above items kept in the purse. Sir, I request you to registered a case of the8 of my purse. And my stolen goods should be recovered.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following porons of the status report, which read as follows: “5. That the role of the pe//oner in this case is that the pe//oner along with co-accused had stolen the wallet carrying ATM Card, Army Canteen Card, Senior Ci/zen Card and about Rs. 800/- cash and withdrawn the cash by using the stolen ATM card of the complainant. The pe//oner and co-accused also purchased the household ar/cles from money by using the ATM card of the complainant.” REASONING: 7. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegaons and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. 9. Given above, provided the peoner is not required in any other case, the peoner shall be released on ancipatory bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the maJer is before a 2 JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-6901-2025 Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the aJesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. This order is subject to the peoner’s complying with the following terms. 12. The pe//oner is directed to join the inves/ga/on 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 Inves/gator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner 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. 14. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 3 JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-6901-2025 15. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. The concerned trial court is authorized to delete, modify, or relax any of the above condions and shall be competent to do so in accordance with the law. 17. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and aJest it to be a true copy. If the aJesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aJesng bonds. 19. Pe00on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 19.02.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment.