CRM-M-24862-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CRM-M-24862-2025 Date of Decision: 15.05.2025 Anurag ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Khari, Advocate, for the peoner. Ms. Trishanjali Sharma, DAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta.on Sec.ons 225 22.04.2025 Ladwa, District Kurukshetra 121(1), 132, 221, 226, 351(2), 3(5) of BNS, 2023 and Secon 3 of Prevenon of Damage to Public Property Act. 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], seeking ancipatory bail. 2. In paragraph 15 of the bail peon, the accused declares that he has no criminal antecedents. 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: “xxx xxx you are informed that an applicaon in the name of Kavya Resort for new connecon was received vide File No. K23-425-96, dated 11/4/2025. Upon which on 16.04.2025, we went there for installaon of meter, but Prem Chand and Anurag did not allow the meter to be installed. Regarding this, I had informed S.H.O. Police Staon Ladwa vide le3er No. SPL-1, dated 16.04.2025. Therea5er, a le3er No.897 dated 18.04.2025 was wri3en to S.H.O. Police Staon Ladwa for police assistance with regard to the above connecon. So, Today, on 22.04.2025, at around 4 P.M., I went to the 1 JYOTI 2025.05.21 14:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-24862-2025 police staon Ladwa and I along with S.H.O. Ladwa and other police personnel reached at the site of Kavya Resort for installing the meter, the meter was installed there in the presence of police personnel. The videography of which was made by the police staff. A5er that I went to Kavya Resort to get the connecon in the outgoing cable, by then the police personnel had le5 from there. As soon as I was going out of Kavya Resort to sit in my car, then Prem Chand, his son Anurag and 3-4 others a3acked upon me and abused me and beat me up. MLR of which is a3ached. They threatened to kill me. I had a gold chain of 18-20 grams around my neck, which has also been snatched and when I went to the spot with the police personnel to install an electricity meter to give an electricity connecon, then Prem Chand S/O Mela Ram, his son Anurag and others threatened us and for obstrucng our work they all threatened us that if we install an electricity meter here and give a connecon then they all will commit suicide in your names and a5er giving the electricity connecon, Prem Chand, his son and others broke the electricity meter and damaged government property. It is requested to you to take legal acon against all the above.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following porons of the status report, which read as follows: “6. The peoner and other persons during the incident have destroyed the eletric meter No.SS17846241 and electric wire. The peoner and other accused person have destroyed the above said property. The police recover the eletric meter, electric wire and prepare the recovery memo. The recoery memo a3ached as Annexure R-2. 7. The peoner and other accused on dated 22.04.2025 to interfere the government employee to perform their duty. The peoner obstructed government work and broke the electric meter and electricity wires installed on the electricty pole without the permission of Electricity Department. And in front of SHO Ladwa and other police officials, they complainant Ashok Kumar J.E. and other electricity department 2 JYOTI 2025.05.21 14:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-24862-2025 employees and police officials were misbehaved with and abused and threatened that they would commit suicide and implicate all of you employees. The peoner had hurt the government employee during the incident. The peoner is specific role and his name is in FIR.” REASONING: 7. Allegaons against the peoner are that he along with co-accused threatened the employee of Electricity Department, obstructed them in their work and also damaged public property. Recovery of damaged material has already been effected. No purpose would be served by sending the peoner in judicial custody. 8. 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. 9. 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. 10. 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 maHer 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. 11. 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 aHesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 12. This order is subject to the peoner’s complying with the following terms. 3 JYOTI 2025.05.21 14:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-24862-2025 13. 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. 14. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 15. 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. 16. 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. 17. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. 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 aHest it to be a true copy. If the aHesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aHesng bonds. 4 JYOTI 2025.05.21 14:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-24862-2025 19. Pe..on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 15.05.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.05.21 14:21 I attest to the accuracy and integrity of this order/judgment.