CRM-M-23909-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 102 CRM-M-23909-2025 Date of decision: 03.05.2025 Rajesh Kumar ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Gulshan Nandwani, Advocate, for the peoner. Ms. Trishanjali Sharma, DAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta,on Sec,ons 146 24.07.2024 Sadar, District Rewari 305, 331(4), 238, 317(2) of BNS, 2023 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]/438 CrPC, seeking ancipatory bail. 2. In paragraph 6 of the bail peon, the accused declares that he has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta,on 1. 123 06.05.2024 379/411 IPC Bawal 2. 111 11.06.2024 380/411/201 IPC Rewari Sadar 3. 211 30.06.2024 380 IPC Pataudi, Dis>. Gurugram 4. 173 10.07.2024 305/317(2) BNS Sahalwas, Dis>. Jhajjar 3. The facts and allegaons are being taken from the translated copy of FIR annexed with the bail peon as Annexure P-1, which reads as follows: “To, The SHO, Sadar Police Staon Rewari, Subject regarding the of goods in the office by thieves. Sir, In context to the above subject it is requested that I had a personal office at opposite side of RPS School Hanska near Village Hanska in which yesterday unknown thieves stole an AC Spirit, an inverter with ba*ery, a water motor, an electric heater, an electric removable hot hi*er siffen, and papers and files of Advocate Lalit Kumar and some of my office papers. When I went there today on 1 JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-23909-2025 24.07.2024 at 9.00 a.m., the lock of the room's door was found broken and when I looked inside, the items were not found there and other items were also found sca*ered. I immediately informed the same on 112 toll free of police department. The 112 gypsy came, they took a photo of mine and the stolen items from their tab and asked me to submit an applicaon with SHO Sadar police staon for registraon of FIR. Therefore Sir, whoever is the thief, please invesgate the ma*er and get my stolen items recovered and please register FIR against them.” 4. Counsel for the peoner submits that he would have no objecon in case any stringent condions this Court might put upon the peoner including surrender of fire arms, if any and in case, peoner repeats the offence, the State shall file an applicaon for cancellaon of bail. He further contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel on instrucons opposes bail. REASONING: 6. The peoner was not named in the FIR; he is ready to join the invesgaon and the allegaons are of theF of Air Condioner, inverter, water motor, electric heater. 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. 7. 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. 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. 8. 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 ma>er 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. 2 JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-23909-2025 9. 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 a>esng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 10. This order is subject to the peoner’s complying with the following terms. 11. The peoner is directed to join the invesgaon 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 Invesgator. The peoner shall be in deemed custody for Secon 27 of the 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. 12. 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. 13. This bail is condi onal, and the founda onal condi on is that if the pe oner indulges in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 14. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. 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 a>est it to be a true copy. If the a>esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a>esng bonds. 3 JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-23909-2025 16. Pe,,on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 03.05.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment.