CRM-M-11749-2025 -1- 258 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11749-2025 Date of decision: 18.03.2025 GYAN SINGH ...PETITIONER VERSUS STATE OF HARYANA ...RESPONDENT CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Savreet Brar, Advocate for the peoner. Mr. Naveen K. Sheoran, DAG, Haryana. **** ANOOP CHITKARA, J. (ORAL) Pe22on for An2cipatory Bail under Sec2on 482 BNSS FIR No. Dated Police Staon Secons 314 14.11.2024 Sector-31, Faridabad 11(1)(d) of Prevenon of Cruelty to Animal Act 1960, Secon 13(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Secon 3(5) of BNS (Secon 325 of BNS added later) 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 4 (H) of the bail peon, the accused declares that he has no criminal antecedents. 3. Reply/Status report by way of affidavit on behalf of the State has been handed over in the Court today and the same is taken on record. Copy thereof has been supplied to the counsel for the peoner. 4. The facts and allegaons are being taken from the reply filed by the State, which reads as follows: “That the brief facts of the present case are that on 14.11.2024 at around 08:00 PM, HC Amit Kumar along with Ct. Surender and Ct. Vicky, were present at Badkhal Chowk in a Government vehicle. At that me, a secret informer informed him that a mini-Truck bearing Registraon No. DL-1L-AM- 6996, carrying three cows, was coming from the wrong side towards Badkhal Renu Bala 2025.03.21 11:25 I attest to the accuracy and integrity of this document CRM-M-11749-2025 -2- Chowk. The Informant further told that cows were being transported for slaughter. If an immediate raid is conducted, the accused along with cows can apprehended. Believing the said informaon to be true, HC Amit Kumar and other officials set up the barricading. The above menoned vehicle was stopped and upon checking the said vehicle, it was found that three cows were forcibly ed with ropes and they were confined inside the truck (beyond the capacity of the truck). The number plate displayed same number i.e. DL-1L-AM-6996. The driver of the said truck disclosed his name as Vishal Paswan and also disclosed his age as 25 years. Further, the minor boy si@ng at the conductor's side idenfied himself as Naik Rajput and disclosed his age as 14 years. The cows were sent to the nearest Gopal Gaushala. The said persons Vishal Paswan and Naik Rajput were carrying the cows, for slaughter, in their truck beyond its capacity. Therefore, the above menoned FIR No. 314 dated 14.11.2024 u/s 11(1)(D) of Prevenon of Cruelty to Animal Act 1960, Secon 13(2) of The Haryana Gauvansh Sanrakshan and Gausamvardhan Act 2015, Secon 3(5) of BNS (later on added Secon 325 BNS) was registered at P.S. Sector-31, Faridabad.” 5. The peoner’s counsel prays for bail by imposing any stringent condions and contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. He further submits that peoner is owner of vehicle and he lent the same to the co-accused. 6. State counsel opposes bail. 7. It would be appropriate to refer to the following porons of the reply, which read as follows: “That the role of the peoner Gyan Singh in the present case is that he is the owner of vehicle / truck no. DL-1L-AM-6996 which was apprehended by the police. In the said truck, three cows were forcibly ed with ropes and they were confined inside the truck (beyond the capacity of the truck). On the instrucons of the peoner, the accused Vishal Paswan used to receive the cows from one person namely Raj (named by accused Vishal Paswan in his disclosure statement), load the cows in the said vehicle and drop them to the locaon disclosed by Raj. On 14.11.2024 as well, accused Vishal Paswan had loaded three cows in the above menoned vehicle and he was taking the same to the locaon disclosed by Raj. Accused Vishal along with the above menoned vehicle and cows were apprehended by the police at Badkhal Chowk, Faridabad. Out of the proceeds, the peoner had received Rs. 5,000/- Renu Bala 2025.03.21 11:25 I attest to the accuracy and integrity of this document CRM-M-11749-2025 -3- from accused Vishal Paswan, as per Vishal's disclosure statement. Thus, the peoner is the main perpetrator of the present crime. REASONING: 8. Perusal of the pleading reflects that peoner was arraigned as accused based on the disclosure statement of the co-accused. Ground taken by the peoner in Para 4 (A to H) are enough to grant bail to him. 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. 9. 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, subject to the compliance of terms and condions menoned in this order. 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. 10. 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 maLer is before a 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. 11. 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 considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 12. This order is subject to the peoner’s complying with the following terms. 13. 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 Renu Bala 2025.03.21 11:25 I attest to the accuracy and integrity of this document CRM-M-11749-2025 -4- 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. 14. 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. 15. 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. 16. 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. 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 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. 19. Peon allowed in terms menoned above. All pending applicaons, if any, stand disposed of. 18.03.2025 ( ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned: Yes/No Whether reportable: No. Renu Bala 2025.03.21 11:25 I attest to the accuracy and integrity of this document