CRM-M-62391-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-62391-2024 Reserved on: 20.02.2025 Pronounced on: 28.02.2025 Avdesh Singh Chauhan @ Monu ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amandeep Rana, Advocate, for the peoner. Mr. Naveen Kumar Sheoran, DAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta2on Sec2ons 441 11.08.2018 Sector 10-A, Gurugram 307, 436, 435, 506, 34 IPC; 25/54/59 Arms Act and 3/33/89 of SC/ST Act 1. The peoner incarcerated in the FIR caponed above had come up before this Court under Secon 483 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 14 of the bail peon, the accused has the following criminal antecedents: Sr. No. FIR No. Date Offenses Police Sta2on 1. 233 09.08.2021 25(1-B)(a) & 29(1) of Arms Act Farrukh Nagar, Gurugram 3. 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 and refers to para 2 of the bail peon, which reads as follows: “2. That FIR No. 441 dated 11.08.2018 was registered against the peoner and others on allegaons under various penal provisions, and he was granted regular bail on 08.10.2018. That on 25.11.2020, on account of the prevailing situaon arising due to outbreak of noval coronavirus (COVID), case is adjourned to 17.02.2021 for the purpose already fixed. That due to unavoidable circumstances, the peoner failed to appear 1 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-62391-2024 before the trial court on 17.02.2021, resulng in cancellaon of his bail and subsequent peoner was declared as a proclaimed offender vide order dated 10.11.2023. A copy of the relevant zimni orders dated 25.11.2020, 17.02.2021, 24.08.2023 and 05.10.2023 and 10.11.2023 are enclosed herewith as Annexure P-1 to P-5 respecvely.” 4. The State’s counsel opposes bail and submits that the peoner was apprehended aDer long me and there is possibility he may delay the trial. REASONING: 5. The peoner was earlier on bail; however, he failed to appear, which led to the cancellaon of the bail vide order dated 17.02.2021 and declared proclaimed offender vide order dated 10.11.2023 passed by Addional District Judge, Gurugram. Now, he is in custody since 02.08.2024 as per paragraph 4 of the bail peon. 6. The peoner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condion that the peoner shall not remain absent from the trial even on a single day. 7. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability for further pre-trial incarceraon at this stage. 8. 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. CONDITIONS: 9. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned 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 aLesng officer/court considers it appropriate or 2 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-62391-2024 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 peoner shall aLend the Trial on every date and shall not seek any adjournment. 13. 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. 14. 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 aLest it to be a true copy. If the aLesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aLesng bonds. 15. Pe22on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.02.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 3 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment.