CRM-M-67724 IN THE HIGH COURT OF PUNJAB AND HARYANAAT 110 MUBEEN STATE OF CORAM: HON'BLE MR. JUSTICE Present : SURYA P 1. 3/13(1) of the FIR No. District Palwal abovementioned case, and his application for a dismissed by the learned Additional Sessions Judge 15.11.2025, the petitioner is seeking the benefit of anticipatory bail, by virtue of present petition. The petitioner is claiming the abovesaid concession Bharatiya Nagarik Suraksha Sanhita, 2023. 67724-2025(O&M) 8587 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH DATE OF DECISION MUBEEN VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Imtiyaz Hussain, Advocate for Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana. SURYA PARTAP SINGH, J (ORAL) For the commission of offence punishable under Section 3/13(1) of Haryana Gauvansh Sanrakshan and Gausamvardhan the FIR No.76 dated 27.08.2025 has been lodged in Police Station Palwal. Since the petitioner is apprehending arrest in the abovementioned case, and his application for a dismissed by the learned Additional Sessions Judge .2025, the petitioner is seeking the benefit of anticipatory bail, by virtue of present petition. The petitioner is claiming the abovesaid concession by invoking the provisions enshrined under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM-M-67724-2025(O&M) DATE OF DECISION : 02.12.2025 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH , Advocate for the petitioner. r Aggarwal, Addl. A.G., Haryana. For the commission of offence punishable under Section h Sanrakshan and Gausamvardhan Act, 2015, .2025 has been lodged in Police Station Utawar Since the petitioner is apprehending arrest in the abovementioned case, and his application for anticipatory bail has been dismissed by the learned Additional Sessions Judge Palwal, vide order dated .2025, the petitioner is seeking the benefit of anticipatory bail, by virtue of present petition. The petitioner is claiming the abovesaid by invoking the provisions enshrined under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (O&M) .2025 .....PETITIONER .....RESPONDENT For the commission of offence punishable under Section , 2015, Utawar, Since the petitioner is apprehending arrest in the nticipatory bail has been , vide order dated .2025, the petitioner is seeking the benefit of anticipatory bail, by virtue of present petition. The petitioner is claiming the abovesaid by invoking the provisions enshrined under Section 482 of the GAURAV THAKUR 2025.12.03 14:51 I attest to the accuracy and integrity of this document CRM-M-67724 2. abovementioned FIR came into being headed by ASI Sabba abovementioned ASI received accomplices were engaged Rupdaka. According to above abovementioned information, the raid was conducted and on police party, the petitioner along with other accomplices fled from the spot. 3. abovementioned investigation three cows, one calf and one heifer rope were recovered 4. 5. behalf of respondent 6. 7. is innocent having no nexus, whatsoever, with the commission of crime, and that he has been falsely implicated in the present case. The learned counsel for the petitioner has argued that in fact the cattles, which allegedly recovered the abovementioned cows were kept by for the family of petitioner 67724-2025(O&M) 8587 Briefly stating the facts emerging from record are that the abovementioned FIR came into being on 27.08.2025 when a police team headed by ASI Sabbar Hussain was deputed for patrolling abovementioned ASI received a tip-off that the petitioner along with other accomplices were engaged in the activities of cow slaughtering Rupdaka. According to above-named police official, abovementioned information, the raid was conducted and on police party, the petitioner along with other accomplices fled from the spot. It is the case of the prosecution that abovementioned report, formal FIR of this c investigation was taken up and inside the premises, belonging to petitioner, three cows, one calf and one heifer along with scrap materials, axe and a rope were recovered. Notice of motion. Mr. Parveen Kumar Aggarwal, Addl. A. behalf of respondent-State, and waives service. Heard. It has been contended on behalf of petitioner that the petitioner is innocent having no nexus, whatsoever, with the commission of crime, and he has been falsely implicated in the present case. The learned counsel for the petitioner has argued that in fact the cattles, which allegedly recovered by the police party, were milk producing cows, and the abovementioned cows were kept by for the family of petitioner. While alleging that a false story has been cooked 2 Briefly stating the facts emerging from record are that the on 27.08.2025 when a police team was deputed for patrolling and the off that the petitioner along with other the activities of cow slaughtering in Village named police official, acting upon abovementioned information, the raid was conducted and on spotting police party, the petitioner along with other accomplices fled from the spot. It is the case of the prosecution that on the basis of , formal FIR of this case was lodged, and inside the premises, belonging to petitioner, along with scrap materials, axe and a Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana appears on State, and waives service. It has been contended on behalf of petitioner that the petitioner is innocent having no nexus, whatsoever, with the commission of crime, and he has been falsely implicated in the present case. The learned counsel for the petitioner has argued that in fact the cattles, which have been by the police party, were milk producing cows, and that the petitioner for milking purpose . While alleging that a false story has been cooked Briefly stating the facts emerging from record are that the on 27.08.2025 when a police team and the off that the petitioner along with other in Village the the police party, the petitioner along with other accomplices fled from the spot. on the basis of ase was lodged, the and inside the premises, belonging to petitioner, along with scrap materials, axe and a appears on It has been contended on behalf of petitioner that the petitioner is innocent having no nexus, whatsoever, with the commission of crime, and he has been falsely implicated in the present case. The learned counsel have been that the petitioner for milking purpose . While alleging that a false story has been cooked GAURAV THAKUR 2025.12.03 14:51 I attest to the accuracy and integrity of this document CRM-M-67724 up by the prosecution, the learned counsel for the petitioner has craved for the benefit of bail. 8. abovementioned arguments. According to learned State Counsel, the petitioner is a person, who has criminal history of involvement in similar kind of offence in the past also, and that he has been prosecuted twice abovesaid purpose. Accord stand taken by the petitioner conduct at the time of has contended that purpose only, there was no need for the petitioner to flee from the spot, when the raid was conducted. As per learned State Counsel, the intention/ conduct, and therefore cattles in possession were meant for providing milk to his family 9. 10. the relevant factors which are required to be taken into consideration, arriving at any decision: i) ii) iii) 67724-2025(O&M) 8587 up by the prosecution, the learned counsel for the petitioner has craved for the benefit of bail. The learned State Counsel has controv abovementioned arguments. According to learned State Counsel, the petitioner is a person, who has criminal history of involvement in similar kind of offence in the past also, and that he has been prosecuted twice abovesaid purpose. According to learned State Counsel, the falsity of the stand taken by the petitioner in the present petition can be seen from his conduct at the time of raid. With regard to above, the has contended that if the cattles were kept by the peti only, there was no need for the petitioner to flee from the spot, when the raid was conducted. As per learned State Counsel, the intention/mens rea of the petitioner is reflected from his abovementioned conduct, and therefore, this claim of the petitioner is not sustainable that the cattles in possession were meant for providing milk to his family The record has been perused carefully. A perusal of record shows that in the present case, following are ant factors which are required to be taken into consideration, arriving at any decision: - that the offence is triable by the Court of ii) that as per claim of the respondent/State, the custodial interrogation of the petitioner is required for th digging out the truth with regard to source of supply of the beef and iii) that the petitioner has criminal history. 3 up by the prosecution, the learned counsel for the petitioner has craved for The learned State Counsel has controverted the abovementioned arguments. According to learned State Counsel, the petitioner is a person, who has criminal history of involvement in similar kind of offence in the past also, and that he has been prosecuted twice for the ing to learned State Counsel, the falsity of the in the present petition can be seen from his With regard to above, the learned State Counsel if the cattles were kept by the petitioner for milking only, there was no need for the petitioner to flee from the spot, when the raid was conducted. As per learned State Counsel, the of the petitioner is reflected from his abovementioned , this claim of the petitioner is not sustainable that the cattles in possession were meant for providing milk to his family only. The record has been perused carefully. A perusal of record shows that in the present case, following are ant factors which are required to be taken into consideration, offence is triable by the Court of Sessions; that as per claim of the respondent/State, the custodial petitioner is required for the purpose of digging out the truth with regard to source of supply of the beef that the petitioner has criminal history. up by the prosecution, the learned counsel for the petitioner has craved for erted the abovementioned arguments. According to learned State Counsel, the petitioner is a person, who has criminal history of involvement in similar for the ing to learned State Counsel, the falsity of the in the present petition can be seen from his learned State Counsel tioner for milking only, there was no need for the petitioner to flee from the spot, when the raid was conducted. As per learned State Counsel, the ill- of the petitioner is reflected from his abovementioned , this claim of the petitioner is not sustainable that the A perusal of record shows that in the present case, following are ant factors which are required to be taken into consideration, for that as per claim of the respondent/State, the custodial e purpose of digging out the truth with regard to source of supply of the beef; GAURAV THAKUR 2025.12.03 14:51 I attest to the accuracy and integrity of this document CRM-M-67724 11. unearth the truth, necessary present case, the extent of involvement of petitioner in the commission of crime is one of the most relevant factors, and the evidence with regard to abovementioned Investigating Agency for custodial interrogation of the petitioner. 12. custodial interrogation of Investigating Agency is a valuable present case, if such right is denied to the Investigating Agency, it to result into miscarriage of justice proper headway. 13. circumspect while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule benefit should circumstances exist 14. case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282 observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the f bail is a rule, it cannot; anticipatory bail is a rule. 15. further observed that rule of anticipator 67724-2025(O&M) 8587 The peculiar facts of this case leads to the conclusion that unearth the truth, custodial interrogation of the petitioner necessary, particularly in view of the past conduct of the petitioner. In the present case, the extent of involvement of petitioner in the commission of crime is one of the most relevant factors, and the evidence with regard to abovementioned fact cannot be collected unless opportunity is given to the Investigating Agency for custodial interrogation of the petitioner. It shall not be out of place to mention here that right custodial interrogation of Investigating Agency is a valuable present case, if such right is denied to the Investigating Agency, it to result into miscarriage of justice, as the investigation may not take a proper headway. It is well settled principles of law ircumspect while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule benefit should be granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. With regard to such relief, the Hon'ble Supreme Court in the Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282 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 bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. The Hon'ble Supreme Court in the above further observed that rule of anticipator 4 The peculiar facts of this case leads to the conclusion that interrogation of the petitioner is of utmost particularly in view of the past conduct of the petitioner. In the present case, the extent of involvement of petitioner in the commission of crime is one of the most relevant factors, and the evidence with regard to fact cannot be collected unless opportunity is given to the Investigating Agency for custodial interrogation of the petitioner. It shall not be out of place to mention here that right custodial interrogation of Investigating Agency is a valuable right, and in the present case, if such right is denied to the Investigating Agency, it is likely as the investigation may not take a principles of law that the Court must be ircumspect 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 be granted only when the Court is convinced that exceptional ordinary remedy. With regard to such relief, the Hon'ble Supreme Court in the Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and act that in a number of cases, it has been held that by any stretch of imagination, be said that 'ble Supreme Court in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial The peculiar facts of this case leads to the conclusion that to is of utmost particularly in view of the past conduct of the petitioner. In the present case, the extent of involvement of petitioner in the commission of crime is one of the most relevant factors, and the evidence with regard to fact cannot be collected unless opportunity is given to the of right, and in the likely as the investigation may not take a that the Court must be ircumspect while exercising power for grant of anticipatory bail and it . Rather as per law the abovesaid be granted only when the Court is convinced that exceptional With regard to such relief, the Hon'ble Supreme Court in the , has observed that power to grant anticipatory bail is extraordinary power, and that by any stretch of imagination, be said that mentioned case has y bail is a question of judicial GAURAV THAKUR 2025.12.03 14:51 I attest to the accuracy and integrity of this document CRM-M-67724 discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when ca abovesaid power the Court concerned has to be very cautious, as the grant of interim prot justice and may hamper the investigation. 16. Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petitio 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 r offence. 17. 1980 SCC (2) 565 67724-2025(O&M) 8587 discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when ca said 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), 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 In the case of Gurbaksh Singh Sibba 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 an extraordinary character and must be exercised sparingly in 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. (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 5 discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the said power the Court concerned has to be very cautious, as the grant of ection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special n (Criminal) No. 10255 of 2024, decided on 21.07.2024), 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 emedy to a person accused of grave Gurbaksh Singh Sibba etc. v. State of Punjab , the Hon'ble Supreme Court of India held that:- The power under Section 438, Criminal Procedure Code, is of 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. ate 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 discretion depending upon the facts and circumstances of each case. lled upon to exercise the said power the Court concerned has to be very cautious, as the grant of ection to the accused in serious cases may lead to miscarriage of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special 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 emedy to a person accused of grave Gurbaksh Singh Sibba etc. v. State of Punjab Procedure Code, is of 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 ate 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 of the Evidence Act can GAURAV THAKUR 2025.12.03 14:51 I attest to the accuracy and integrity of this document CRM-M-67724 18. abovementioned principles, it transpires that circumstances bail by this Court petition is devoid of merits hereby dismissed 19. shall not be construed as an expression of opinion on the merits of the case. 20. application, if any, is rendered infructuous. Gaurav Thakur Whether speaking/reasoned Whether reportable 67724-2025(O&M) 8587 be made out, the power under Section 438 should not be exercised. If the fact-situation of instant case abovementioned principles, it transpires that circumstances, warranting exercise of the powers for grant of anticipatory bail by this Court, exists in this case. Thus is devoid of merits deserves dismissal 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 application, if any, is rendered infructuous. Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 6 be made out, the power under Section 438 should not be situation of instant case is analyzed in the light of abovementioned principles, it transpires that no such exceptional xercise of the powers for grant of anticipatory Thus, it is hereby held that the present dismissal. Accordingly, the same is 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 application, if any, is rendered infructuous. :Yes/No : Yes/No be made out, the power under Section 438 should not be is analyzed in the light of no such exceptional xercise of the powers for grant of anticipatory present . Accordingly, the same is 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 GAURAV THAKUR 2025.12.03 14:51 I attest to the accuracy and integrity of this document