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2025 DAILYLAW 36709 (PNJ)

RAM AVTAR AND ANOTHER v. STATE OF HARYANA

CRM-M/15995/2025 · 2025-07-10

Rajesh Bhardwaj

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Judgment text

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CRM-M-15995 IN THE HIGH COURT OF PUNJAB AND HARYANA 224 Ramavtar and another State of Haryana Coram : Present: Rajesh Bhardwaj, J. 1. BNSS, 2023, is for grant of regular bail to the petitioner the trial in case 379-A/34 IPC at Police Station S 2. lodged on the basis of complaint made by Bimla Lamba who ha on 04.11.2023, at around 09.10 am, when she was buying vegetables from vegetable cart in front of her house, two unknown boys came on a black motorcycle with covered faces and started circled in front of her house. One of the boys got down from the motorcycle and came near the vegetable cart and on the pretext of asking along with the another boy on motorcycle. It was alleged that the incident has been captured in the CCTV camera installed in her house. On registration of the FIR, the investigation commenced and duri of the petitioner they were arrested on 28.03.2024 in the present case, though 15995-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ramavtar and another Versus Haryana Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Deepak Kaushik, Advocate, for Mr. S.K. Daaria, Advocate, for the petitioner. Mr. Sumit Jain, Addl. A.G., Haryana. **** Rajesh Bhardwaj, J. Prayer in the present petition, filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner the trial in case FIR No.375 dated 04.11.2023, registered under Sections A/34 IPC at Police Station Sector-5, Gurugram, District Gurugram. Succinctly, the facts of the case are that lodged on the basis of complaint made by Bimla Lamba who ha on 04.11.2023, at around 09.10 am, when she was buying vegetables from vegetable cart in front of her house, two unknown boys came on a black with covered faces and started circled in front of her house. One of the boys got down from the motorcycle and came near the vegetable cart and on the pretext of asking address, he snatched chain from her neck and escaped along with the another boy on motorcycle. It was alleged that the incident has been captured in the CCTV camera installed in her house. On registration of the FIR, the investigation commenced and duri of the petitioners has been established in the commission of offence and, thus, arrested on 28.03.2024 in the present case, though - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15995-2025 Decided on:10.07.2025 ...Petitioner ...Respondent Hon’ble Mr. Justice Rajesh Bhardwaj Deepak Kaushik, Advocate, for for the petitioner. Sumit Jain, Addl. A.G., Haryana. Prayer in the present petition, filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioners during pendency of FIR No.375 dated 04.11.2023, registered under Sections 5, Gurugram, District Gurugram. Succinctly, the facts of the case are that the present FIR case was lodged on the basis of complaint made by Bimla Lamba who had alleged that on 04.11.2023, at around 09.10 am, when she was buying vegetables from the vegetable cart in front of her house, two unknown boys came on a black with covered faces and started circled in front of her house. One of the boys got down from the motorcycle and came near the vegetable cart and address, he snatched chain from her neck and escaped along with the another boy on motorcycle. It was alleged that the incident has been captured in the CCTV camera installed in her house. On registration of the FIR, the investigation commenced and during investigation, the complicity has been established in the commission of offence and, thus, arrested on 28.03.2024 in the present case, though they were ...Petitioners ...Respondent Prayer in the present petition, filed under Section 483 of the during pendency of FIR No.375 dated 04.11.2023, registered under Sections the present FIR case was alleged that the vegetable cart in front of her house, two unknown boys came on a black with covered faces and started circled in front of her house. One of the boys got down from the motorcycle and came near the vegetable cart and address, he snatched chain from her neck and escaped along with the another boy on motorcycle. It was alleged that the incident has been captured in the CCTV camera installed in her house. On registration of ng investigation, the complicity has been established in the commission of offence and, thus, they were in VINOD KUMAR 2025.07.16 18:46 I attest to the accuracy and integrity of this document CRM-M-15995 custody since learned Additional Sessions Judge, Gurugram praying for grant of regular bail. However, after hearing both the sides, the learned Additional Sessions Judge declined the same vide order dated 03.03.2025. Hence, aggrieved by the said order, the petitioners are before this Court by of filing the present petition. 3. the petitioners have been falsely implicated in the present FIR case. It is submitted that the petitioners were arre identification of the petitioners have not been established. He submitted that though the petitioners are involved in other cases, however, all cases are planted one and in most of the cases, the petitioners are either acquitted or on bail and, thus, they deserve to be enlarged on regular bail in the present FIR case as well. 4. submissions made by learned counsel for the petitioner this Court to the status report filed by way of affidavit of Sanjay Kumar, HPS, ACP, Old Gurugram. It is submitted that complicity of the petitioners established during investigation and that the CCTV footage petitioner no.2 Raju has been seen assaulting the complainant thereafter, he escaped along with petitioner no.1 Ramavtar from the scene of occurrence. He further submitted that ar effected on production warrants and petitioner no.1 Ramavtar got recovered Rs.16,000/-, whereas petitioner no.2 Raju got recovered Rs.24,000/ this, the petitioners are involved in multiple criminal cases present petition deserves to be dismissed. 5. available record, it is deciphered that 15995-2025 custody since 28.03.2024 in another FIR case. learned Additional Sessions Judge, Gurugram praying for grant of regular bail. However, after hearing both the sides, the learned Additional Sessions Judge declined the same vide order dated 03.03.2025. Hence, aggrieved by the said etitioners are before this Court by of filing the present petition. Learned counsel for the petitioners has vehemently contended that the petitioners have been falsely implicated in the present FIR case. It is submitted that the petitioners were arre identification of the petitioners have not been established. He submitted that though the petitioners are involved in other cases, however, all cases are planted one and in most of the cases, the petitioners are either acquitted or on bail and, thus, they deserve to be enlarged on regular bail in the present FIR case as well. Per contra, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner this Court to the status report filed by way of affidavit of Sanjay Kumar, HPS, ACP, Old Gurugram. It is submitted that complicity of the petitioners established during investigation and that the footage obtained by the police during investigation. petitioner no.2 Raju has been seen assaulting the complainant he escaped along with petitioner no.1 Ramavtar from the scene of occurrence. He further submitted that arrest of petitioner no.2 Raju was effected on production warrants and petitioner no.1 Ramavtar got recovered , whereas petitioner no.2 Raju got recovered Rs.24,000/ this, the petitioners are involved in multiple criminal cases petition deserves to be dismissed. After hearing learned counsel for the parties and perusing the available record, it is deciphered that identity of the petitioners was established - 2 - 4 in another FIR case. The petitioners approached the learned Additional Sessions Judge, Gurugram praying for grant of regular bail. However, after hearing both the sides, the learned Additional Sessions Judge declined the same vide order dated 03.03.2025. Hence, aggrieved by the said etitioners are before this Court by of filing the present petition. Learned counsel for the petitioners has vehemently contended that the petitioners have been falsely implicated in the present FIR case. It is submitted that the petitioners were arrested on 28.03.2024, however, identification of the petitioners have not been established. He further submitted that though the petitioners are involved in other cases, however, all cases are planted one and in most of the cases, the petitioners are either acquitted or on bail and, thus, they deserve to be enlarged on regular bail in the counsel has vehemently opposed the submissions made by learned counsel for the petitioners and drawn attention of this Court to the status report filed by way of affidavit of Sanjay Kumar, HPS, ACP, Old Gurugram. It is submitted that complicity of the petitioners has been established during investigation and that the incident has been captured in the ained by the police during investigation. It is submitted that petitioner no.2 Raju has been seen assaulting the complainant-victim and, he escaped along with petitioner no.1 Ramavtar from the scene of rest of petitioner no.2 Raju was effected on production warrants and petitioner no.1 Ramavtar got recovered , whereas petitioner no.2 Raju got recovered Rs.24,000/-. Besides this, the petitioners are involved in multiple criminal cases and, thus, the After hearing learned counsel for the parties and perusing the identity of the petitioners was established ached the learned Additional Sessions Judge, Gurugram praying for grant of regular bail. However, after hearing both the sides, the learned Additional Sessions Judge declined the same vide order dated 03.03.2025. Hence, aggrieved by the said Learned counsel for the petitioners has vehemently contended that the petitioners have been falsely implicated in the present FIR case. It is , however, further submitted that though the petitioners are involved in other cases, however, all cases are planted one and in most of the cases, the petitioners are either acquitted or on bail and, thus, they deserve to be enlarged on regular bail in the counsel has vehemently opposed the s and drawn attention of this Court to the status report filed by way of affidavit of Sanjay Kumar, HPS, has been has been captured in the It is submitted that victim and, he escaped along with petitioner no.1 Ramavtar from the scene of rest of petitioner no.2 Raju was effected on production warrants and petitioner no.1 Ramavtar got recovered . Besides s, the After hearing learned counsel for the parties and perusing the identity of the petitioners was established VINOD KUMAR 2025.07.16 18:46 I attest to the accuracy and integrity of this document CRM-M-15995 during investigation. Both the petitioners were arres incident has been captured in CCTV footage. Perusal of the record would also show that the petitioners are involved in multiple criminal cases of the similar nature. 6. Keeping in view the considered opinion that the petitioner stage and hence, the present petition, being denuded of any merit, is hereby dismissed. 7. Nothing said herein shall be construed as an expressi merits of the case. July 10, 2025 vinod* 15995-2025 during investigation. Both the petitioners were arres incident has been captured in CCTV footage. Perusal of the record would also show that the petitioners are involved in multiple criminal cases of the similar Keeping in view the overall facts and circumstances, considered opinion that the petitioners do not qualify for the grant of bail at this stage and hence, the present petition, being denuded of any merit, is hereby dismissed. Nothing said herein shall be construed as an expressi merits of the case. , 2025 Whether Speaking/Reasoned: Whether Reportable: - 3 - during investigation. Both the petitioners were arrested on 28.03.2024. The incident has been captured in CCTV footage. Perusal of the record would also show that the petitioners are involved in multiple criminal cases of the similar overall facts and circumstances, this Court is of the do not qualify for the grant of bail at this stage and hence, the present petition, being denuded of any merit, is hereby Nothing said herein shall be construed as an expression of opinion on the (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES . The incident has been captured in CCTV footage. Perusal of the record would also show that the petitioners are involved in multiple criminal cases of the similar Court is of the do not qualify for the grant of bail at this stage and hence, the present petition, being denuded of any merit, is hereby on of opinion on the VINOD KUMAR 2025.07.16 18:46 I attest to the accuracy and integrity of this document