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2025 DAILYLAW 35923 (PNJ)

ALOK v. STATE OF HARYANA

CRM-M/15611/2025 · 2025-05-27

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 240 ALOK STATE OF HARYANA CORAM: HON’BLE MRS. Present : Mr Mr. Neeraj Poswal, A.A.G., Haryana MANISHA BATRA 1. This petition has been filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for short the petitioner in case arising out of FIR No.309 dated 09.11.2024 registered under Sections 140(3), 310(2), Narnaul, District Mahendergarh. 2. As per the allegations, on 08.11.2024, the c Kumar was going towards his house on his scooty when he was intercepted by occupants of a white colour car who were 3 in number. They stopped his vehicle and by pushing him inside their car, covered his face and took him to an unknown roa from him. They also go respectively from his bank accounts by using his mobile phone. Thereafter, they damaged the SIM card of his mobile phone and forest area, they fled away. After registration of FIR against unknown persons, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: Versus STATE OF HARYANA HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Manoj Tanwar, Advocate for the petitioner. Mr. Neeraj Poswal, A.A.G., Haryana **** MANISHA BATRA, J. (oral) This petition has been filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) the petitioner in case arising out of FIR No.309 dated 09.11.2024 registered under Sections 140(3), 310(2), 238(a) 61(b) of BNS, at Police Station Sadar Narnaul, District Mahendergarh. As per the allegations, on 08.11.2024, the c Kumar was going towards his house on his scooty when he was intercepted by occupants of a white colour car who were 3 in number. They stopped his vehicle and by pushing him inside their car, covered his face and took him to an unknown road. They snatched cash amount of from him. They also got transferred an amount of` respectively from his bank accounts by using his mobile phone. Thereafter, they damaged the SIM card of his mobile phone and forest area, they fled away. After registration of FIR against unknown persons, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.15611 of 2025 Date of decision: 27.05.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Mr. Neeraj Poswal, A.A.G., Haryana. This petition has been filed under Section 483 of Bharatiya ‘BNSS’) for grant of regular bail to the petitioner in case arising out of FIR No.309 dated 09.11.2024 registered 61(b) of BNS, at Police Station Sadar As per the allegations, on 08.11.2024, the complainant-Rakesh Kumar was going towards his house on his scooty when he was intercepted by occupants of a white colour car who were 3 in number. They stopped his vehicle and by pushing him inside their car, covered his face and took him to d. They snatched cash amount of `15000/- and mobile phone t transferred an amount of` `1 lakh and `62,000/- respectively from his bank accounts by using his mobile phone. Thereafter, they damaged the SIM card of his mobile phone and after leaving him in the forest area, they fled away. After registration of FIR against unknown persons, Bharatiya for grant of regular bail to the petitioner in case arising out of FIR No.309 dated 09.11.2024 registered 61(b) of BNS, at Police Station Sadar Rakesh Kumar was going towards his house on his scooty when he was intercepted by occupants of a white colour car who were 3 in number. They stopped his vehicle and by pushing him inside their car, covered his face and took him to ile phone - respectively from his bank accounts by using his mobile phone. Thereafter, after leaving him in the forest area, they fled away. After registration of FIR against unknown persons, Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document CRM investigation proceedings were initiated. During the course of investigation, CCTV footage from the house of Sarpanch of Nimbi village was obtained which revealed that the vehicle used in the crime was registered in the name of one Anil who disclosed that he sold the same to one Ankit and on contact, Ankit disclosed that he had sold the same to accused Ashish. Accused Ashish was arrested on 09.11.2024. H complicity in the crime and also disclosed about the involvement of the present petitioner and co accused were nominated as such. The petitioner was He was interrogat involvement in the crime and demarcated the place of Investigation now stands concluded. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statements of the co accused which cannot be considered to be admissible in evidence. He has no hand in the abduction of the vict The complainant himself had concocted a false story to escape from the liability of paying the amount of whatsoever, had been sustained by him. There is no material on reco connect him with the subject offences. He is in custody since long. Co Arun, Vikas and Dinesh have been extended benefit of bail. On parity, he too, deserves to be given the same benefit. He has clean antecedents. With these broad submission CRM-M No.15611 of 2025 investigation proceedings were initiated. During the course of investigation, CCTV footage from the house of Sarpanch of Nimbi village was obtained ch revealed that the vehicle used in the crime was registered in the name of one Anil who disclosed that he sold the same to one Ankit and on contact, Ankit disclosed that he had sold the same to accused Ashish. Accused Ashish was arrested on 09.11.2024. He suffered disclosure statement admitting his complicity in the crime and also disclosed about the involvement of the present petitioner and co-accused. On the basis of which, the present petitioner and co accused were nominated as such. The petitioner was e was interrogated and suffered disclosure statement admitting his involvement in the crime and demarcated the place of Investigation now stands concluded. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statements of the co accused which cannot be considered to be admissible in evidence. He has no hand in the abduction of the victim. No money was transferred in his account. The complainant himself had concocted a false story to escape from the liability of paying the amount of `50 lakhs to accused whatsoever, had been sustained by him. There is no material on reco connect him with the subject offences. He is in custody since long. Co Arun, Vikas and Dinesh have been extended benefit of bail. On parity, he too, deserves to be given the same benefit. He has clean antecedents. With these broad submissions, it is urged that the petition deserves to be allowed. M No.15611 of 2025 -2- investigation proceedings were initiated. During the course of investigation, CCTV footage from the house of Sarpanch of Nimbi village was obtained ch revealed that the vehicle used in the crime was registered in the name of one Anil who disclosed that he sold the same to one Ankit and on contact, Ankit disclosed that he had sold the same to accused Ashish. Accused Ashish e suffered disclosure statement admitting his complicity in the crime and also disclosed about the involvement of the present accused. On the basis of which, the present petitioner and co- accused were nominated as such. The petitioner was arrested on 09.11.2024. and suffered disclosure statement admitting his involvement in the crime and demarcated the place of occurrence. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statements of the co- accused which cannot be considered to be admissible in evidence. He has no im. No money was transferred in his account. The complainant himself had concocted a false story to escape from the lakhs to accused-Vikram. No injury whatsoever, had been sustained by him. There is no material on record to connect him with the subject offences. He is in custody since long. Co-accused Arun, Vikas and Dinesh have been extended benefit of bail. On parity, he too, deserves to be given the same benefit. He has clean antecedents. With these s, it is urged that the petition deserves to be allowed. investigation proceedings were initiated. During the course of investigation, CCTV footage from the house of Sarpanch of Nimbi village was obtained ch revealed that the vehicle used in the crime was registered in the name of one Anil who disclosed that he sold the same to one Ankit and on contact, Ankit disclosed that he had sold the same to accused Ashish. Accused Ashish e suffered disclosure statement admitting his complicity in the crime and also disclosed about the involvement of the present - .11.2024. and suffered disclosure statement admitting his . It is argued by learned counsel for the petitioner that he has been - accused which cannot be considered to be admissible in evidence. He has no im. No money was transferred in his account. The complainant himself had concocted a false story to escape from the Vikram. No injury rd to accused Arun, Vikas and Dinesh have been extended benefit of bail. On parity, he too, deserves to be given the same benefit. He has clean antecedents. With these Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document CRM 4. Status report has been filed. It is argued by learned State counsel that keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be given concess 5. Rival submissions have been heard. 6. The petitioner is alleged to have pursuance of a conspiracy hatched with him and is further alleged to have abducted the victim and snatched money from him, along with is in custody since 09.11.2024, challan stands presented. Co Vikas and Dinesh have been extended benefit of bail. Trial will take sufficient time and there is no possibility of its being concluded in the near future. Taking into consideration the above discussed facts but without meaning to make any comment on the merits of the case, lest they prejudice the case of the prosecution/petitioner, the petition is allowed and the petitioner is ordered to be released on bail subject to the satisfaction of the trial Court/Duty Magistrate/ CJM concerned. 7. Since, the main petition is disposed of, pending application, if any also stands disposed of accordingly. 27.05.2025 Jyoti-IV CRM-M No.15611 of 2025 Status report has been filed. It is argued by learned State counsel keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be given concess Rival submissions have been heard. The petitioner is alleged to have joined the co pursuance of a conspiracy hatched with him and is further alleged to have abducted the victim and snatched money from him, along with is in custody since 09.11.2024, challan stands presented. Co Vikas and Dinesh have been extended benefit of bail. Trial will take sufficient time and there is no possibility of its being concluded in the near future. o consideration the above discussed facts but without meaning to make any comment on the merits of the case, lest they prejudice the case of the prosecution/petitioner, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the satisfaction of the trial Court/Duty Magistrate/ CJM concerned. Since, the main petition is disposed of, pending application, if any also stands disposed of accordingly. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.15611 of 2025 -3- Status report has been filed. It is argued by learned State counsel keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be given concession of bail. Rival submissions have been heard. joined the co-accused Dinesh in pursuance of a conspiracy hatched with him and is further alleged to have abducted the victim and snatched money from him, along with co-accused. He is in custody since 09.11.2024, challan stands presented. Co-accused Arun, Vikas and Dinesh have been extended benefit of bail. Trial will take sufficient time and there is no possibility of its being concluded in the near future. o consideration the above discussed facts but without meaning to make any comment on the merits of the case, lest they prejudice the case of the prosecution/petitioner, the petition is allowed and the petitioner is ordered to his furnishing personal as well as surety bonds to the satisfaction of the trial Court/Duty Magistrate/ CJM concerned. Since, the main petition is disposed of, pending application, if any (MANISHA BATRA) JUDGE Yes/No. Yes/No Status report has been filed. It is argued by learned State counsel keeping in view the gravity of the allegations as levelled against the accused Dinesh in pursuance of a conspiracy hatched with him and is further alleged to have accused. He accused Arun, Vikas and Dinesh have been extended benefit of bail. Trial will take sufficient time and there is no possibility of its being concluded in the near future. o consideration the above discussed facts but without meaning to make any comment on the merits of the case, lest they prejudice the case of the prosecution/petitioner, the petition is allowed and the petitioner is ordered to his furnishing personal as well as surety bonds to Since, the main petition is disposed of, pending application, if any Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document