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High Court of Punjab and Haryana · body

2025 DAILYLAW 46594 (PNJ)

SANAMDEEP ALIAS DEEP v. STATE OF HARYANA

CRM-M/21867/2025 · 2025-04-25

Manisha Batra

body2025

Judgment text

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CRM-M No.21867 of 2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 105 CRM-M No.21867 of 2025 Date of decision: 25.04.2025 Sanamdeep @ Deep ... Petitioner Vs. State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Amit Choudhary, Advocate, for the petitioner. Mr. Vikram Singh, AAG, Haryana, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 46 27.03.2025 Sadar Rattia, District Fatehabad 25(1-B)(a) of the Arms Act, 1959 (For short “Act, 1959”) 2. Brief facts relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of a complaint lodged by the complainant SI Gopal Dass alleging therein that on 27.03.2025, he received a secret information that the petitioner had uploaded his photographs and videos on his Instagram ID wherein he was MANJU 2025.04.28 14:00 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.21867 of 2025 -2- shown while carrying pistols and other weapons and that he was doing so to create terror and to overawe the general public. On his complaint, the aforementioned FIR was registered. Investigation proceedings have been initiated and are underway. Apprehending his arrest, he moved an application for grant of pre arrest bail which was dismissed by the Court of learned Sessions Judge, Fatehabad vide order dated 03.04.2025. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case due to his enmity with one police official namely, Ashok Kumar posted in CIA Fatehabad. Ten-twelve false cases have been registered against him. He had posted his photographs along with toy gun and not any weapon. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. Accordingly, it is urged that the petition deserves to be allowed. 4. Notice of motion. 5. Mr. Vikram Singh, AAG, Haryana has advance notice of the petition and is ready to argue the matter. It is submitted by him that there are serious and specific allegations against the petitioner. He is a habitual offender since as many as 12 cases out of which 9 cases are under Section 25 of the Act, 1959 have been registered against him. His custodial interrogation is required for conducting thorough investigation in the matter. No extraordinary and exceptional circumstance for grant of MANJU 2025.04.28 14:00 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.21867 of 2025 -3- pre arrest bail has been made out in his favour. The weapon which he is shown to have carrying in the photographs, is also to be recovered. Accordingly, it is urged that the petition does not deserve to be allowed. 6. This Court has considered the rival submissions. 7. The petitioner is alleged to have carried a weapon and has uploaded his photographs with the said weapon in the social media platform with an intent to overawe the general public. There are specific allegations against him. For conducting thorough investigation in the matter, the custodial interrogation of the petitioner is must. In the present case, no extraordinary or exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing in favour of the petitioner. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 25.04.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.04.28 14:00 I attest to the accuracy and authenticity of this order /judgment Chandigarh