IN THE HIGH COURT OF PUNJAB AND HARYANA 104 SHIVA STATE OF HARYANA CORAM: HON’BLE MRS. Present : Mr Mr. Vipul Sherwal, A.A.G., Haryana. MANISHA BATRA 1. This petition has been filed under Section 482 of BNSS of anticipatory bail to the petitioner in case arising out 01.03.2025 registered under Sections 109(1) 25 of the Arms Act, at Police Station Ambala City, District Ambala 2. As per the alleg from the security incident having taken place in the Court complex spot and recorded statement of alleging therein that he was having inimical relation Sonkar @ Aman Bond Aman Bond was a habitual offender against whom several criminal cases were registered. In the year 2022, Aman fire arms outside his house with intent to kill him and a case under Section 307 of IPC was registered in this regard. He alleged that on 21.02.2025, he had visited that Court complex for some purpose. The accused Aman Bond reached IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: Versus HARYANA HON’BLE MRS. JUSTICE MANISHA BATRA Mr.Mohan Singh Chauhan, Advocate for the Mr. Vipul Sherwal, A.A.G., Haryana. **** MANISHA BATRA, J. (oral) This petition has been filed under Section 482 of BNSS of anticipatory bail to the petitioner in case arising out 01.03.2025 registered under Sections 109(1), 190, 191(3) of BNS and Section 25 of the Arms Act, at Police Station Ambala City, District Ambala As per the allegations, on 01.03.2025 from the security incharge of Court premises, Ambala incident having taken place in the Court complex spot and recorded statement of Aman Kumar Sonkar alleging therein that he was having inimical relation Aman Bond son of Khoob Chand since the year 2018. The said Aman Bond was a habitual offender against whom several criminal cases were istered. In the year 2022, Aman Bond along with outside his house with intent to kill him and a case under Section 307 of IPC was registered in this regard. He alleged that on 21.02.2025, he had visited that Court complex for some purpose. The accused Aman Bond reached IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.18681 of 2025 Date of decision: 04.04.2025 …. Petitioner …. Respondent MANISHA BATRA Advocate for the petitioner. Mr. Vipul Sherwal, A.A.G., Haryana. This petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in case arising out of FIR No.54 dated , 190, 191(3) of BNS and Section 25 of the Arms Act, at Police Station Ambala City, District Ambala. 01.03.2025, on receipt of an information incharge of Court premises, Ambala regarding a firing incident having taken place in the Court complex, a Police party reached at the Aman Kumar Sonkar son of Vikram Kumar alleging therein that he was having inimical relations with accused Aman hoob Chand since the year 2018. The said Aman Bond was a habitual offender against whom several criminal cases were Bond along with his accomplices had used outside his house with intent to kill him and a case under Section 307 of IPC was registered in this regard. He alleged that on 21.02.2025, he had visited that Court complex for some purpose. The accused Aman Bond reached for grant of FIR No.54 dated , 190, 191(3) of BNS and Section , on receipt of an information regarding a firing , a Police party reached at the Vikram Kumar s with accused Aman hoob Chand since the year 2018. The said Aman Bond was a habitual offender against whom several criminal cases were used outside his house with intent to kill him and a case under Section 307 of IPC was registered in this regard. He alleged that on 21.02.2025, he had visited that Court complex for some purpose. The accused Aman Bond reached Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document CRM there along with his any deposition complainant along with his at the Court complex for the purpose of attending hearing when the accused Aman Bond Gaurav and one unknown person reached there in registration No. an attack upon the complainant. He rushed inside the gate of the Court complex to save himself. Then one youth who was with Aman Bond handed over a pistol to him and Aman Bond intent to kill but he had somehow escaped the Scorpio vehicle had stayed inside the vehicle registration of the FIR, investigating proceedings have been initiated and are underway. During the course of investigation nominated as an accused. Apprehending his arrest, he moved an application for grant of pre arrest bail which was dismissed by the Court of learned Additional Sessions Judge, Ambala 3. It is argued by learned Counsel for the falsely implicated in this case accused Aman Bond the spot at the time of occurrence. He is ready to join the investigation custodial interrogation is not required. No recovery is to be effected from him. With these broad submissions, it is urged that allowed. 4. Notice of motion. CRM-M No.18681 of 2025 there along with his accomplices and had extended threat to kill him if he made any deposition in the case registered against him complainant along with his companions Raman and Sachin Verma had reached at the Court complex for the purpose of attending hearing when the accused Aman Bond accompanied by his brother, Sh Gaurav and one unknown person reached there in registration No. HR 80 5J7070. On seeing him, all of them alighted and pon the complainant. He rushed inside the gate of the Court to save himself. Then one youth who was with Aman Bond handed over a pistol to him and Aman Bond fired 2-3 round with the fir intent to kill but he had somehow escaped. He also the Scorpio vehicle had stayed inside the vehicle registration of the FIR, investigating proceedings have been initiated and are . During the course of investigation nominated as an accused. Apprehending his arrest, he moved an application for pre arrest bail which was dismissed by the Court of learned Additional Sessions Judge, Ambala vide order dated 28.03.2025. It is argued by learned Counsel for the falsely implicated in this case, only because of the fact that he is brother of accused Aman Bond. He was neither named in the FIR nor he was present at the spot at the time of occurrence. He is ready to join the investigation custodial interrogation is not required. No recovery is to be effected from him. With these broad submissions, it is urged that Notice of motion. M No.18681 of 2025 -2- nd had extended threat to kill him if he made in the case registered against him. Then on 01.03.2025, also the Raman and Sachin Verma had reached at the Court complex for the purpose of attending hearing of a criminal case accompanied by his brother, Shubham @ Kaka, Gaurav and one unknown person reached there in a black Scorpio car bearing HR 80 5J7070. On seeing him, all of them alighted and opened pon the complainant. He rushed inside the gate of the Court to save himself. Then one youth who was with Aman Bond handed 3 round with the fire armes with . He also disclosed that the driver of the Scorpio vehicle had stayed inside the vehicle at the time of incident. After registration of the FIR, investigating proceedings have been initiated and are . During the course of investigation, present petitioner was nominated as an accused. Apprehending his arrest, he moved an application for pre arrest bail which was dismissed by the Court of learned Additional 03.2025. It is argued by learned Counsel for the petitioner that he has been nly because of the fact that he is brother of . He was neither named in the FIR nor he was present at the spot at the time of occurrence. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. With these broad submissions, it is urged that the petition deserves to be nd had extended threat to kill him if he made . Then on 01.03.2025, also the Raman and Sachin Verma had reached of a criminal case ubham @ Kaka, corpio car bearing opened pon the complainant. He rushed inside the gate of the Court to save himself. Then one youth who was with Aman Bond handed armes with disclosed that the driver of at the time of incident. After registration of the FIR, investigating proceedings have been initiated and are as nominated as an accused. Apprehending his arrest, he moved an application for pre arrest bail which was dismissed by the Court of learned Additional that he has been nly because of the fact that he is brother of . He was neither named in the FIR nor he was present at His custodial interrogation is not required. No recovery is to be effected from him. the petition deserves to be Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document CRM 5. Learned State counsel who has appeared on advance notice of petition is ready to argue the matter. It is submitted by was named by the co vehicle at the time of occurrence. He had commission of subjec against him are serious in nature matter, his custodial interrogation petition does not deserve to be allowed. 6. The petitioner is alleged to have formed unlawful assembly with the co thereof, to have opened an attack upon the complainant and with pistol with an intent to kill him. He i co-accused in the car in which they had arrived at the spot incident. The involvement of petitioner in the commission of crime is facie established from the allegations in the FIR. investigation in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. The powers of anticipatory bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the natur applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the CRM-M No.18681 of 2025 Learned State counsel who has appeared on advance notice of petition is ready to argue the matter. It is submitted by was named by the co-accused Amit and Aditya. He was driv vehicle at the time of occurrence. He had aided commission of subject crime. He has criminal antecedents. The allegations against him are serious in nature. For conducting thorough investigation in the r, his custodial interrogation is must. Accordingly, it is urged that the petition does not deserve to be allowed. The petitioner is alleged to have formed unlawful assembly with the co-accused and in p have opened an attack upon the complainant and with pistol with an intent to kill him. He is alleged to be accused in the car in which they had arrived at the spot nvolvement of petitioner in the commission of crime is established from the allegations in the FIR. investigation in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several er purposes. The powers of anticipatory bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and gravity of the accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the M No.18681 of 2025 -3- Learned State counsel who has appeared on advance notice of the petition is ready to argue the matter. It is submitted by him that the petitioner mit and Aditya. He was driving the Scorpio aided the co-accused at the time of . He has criminal antecedents. The allegations . For conducting thorough investigation in the is must. Accordingly, it is urged that the The petitioner is alleged to have formed a membership of accused and in prosecution of common object have opened an attack upon the complainant and to have fired shots s alleged to be present along with the accused in the car in which they had arrived at the spot on the day of nvolvement of petitioner in the commission of crime is prima established from the allegations in the FIR. For conducting thorough investigation in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several er purposes. The powers of anticipatory bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after e and gravity of the accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the the that the petitioner Scorpio at the time of . He has criminal antecedents. The allegations . For conducting thorough investigation in the is must. Accordingly, it is urged that the a membership of of common object fired shots present along with the on the day of prima horough investigation in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several er purposes. The powers of anticipatory bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after e and gravity of the accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document CRM sphere of investigation of an offence. anticipatory bail should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. T person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. Court must be circumspect while exercising such power for gr anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 04.04.2025 Jyoti-IV CRM-M No.18681 of 2025 sphere of investigation of an offence. The Court has also to see that an order of anticipatory bail should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. The custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. Court must be circumspect while exercising such power for gr anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional ances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.18681 of 2025 -4- rt has also to see that an order of anticipatory bail should not operate as inroad in the normal legal procedure of he custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional ances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. (MANISHA BATRA) JUDGE Yes/No. Yes/No rt has also to see that an order of anticipatory bail should not operate as inroad in the normal legal procedure of he custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who The ant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional ances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the Jyoti 2025.04.09 09:31 I attest to the accuracy and integrity of this document