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2025 DAILYLAW 5499 (PNJ)

AMAN ALIAS MUNSHI v. STATE OF HARYANA

CRM-M/35755/2025 · 2026-01-30

Manisha Batra

body2025

Judgment text

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CRM-M-35755- IN THE H (217) AMAN @ MUNS STATE OF HAR CORAM: HON Present: Mr. Mr. N MANISHA BATR 1. The p Section 483 of Bh for grant of regul registered under S Station Bhuna, Dis 2. The complaint submitt the same day he fields and both of respective motorb intercepted them. and his cousin bro -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH UNSHI Versus HARYANA HON'BLE MRS. JUSTICE MANIS Mr. Rajesh Nain, Advocate for the pe Mr. Neeraj Poswal, AAG, Haryana ****  BATRA, J. (ORAL) The present petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Section 395 of IPC and Sectio na, District Fatehabad. The aforementioned FIR was registe ubmitted by the complainant-Manjeet he alongwith his cousin brother i oth of them were proceeding to go bac otorbikes, when 06 youths unknow them. Two of them pointed pistols on brother asked them to hand over JAB AND HARYANA AT ARH CRM-M-35755-2025 (O&M) Date of decision : 30.01.2026 ... Petitioner ...Respondent ANISHA BATRA  the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.450 dated 31.10.2023 Section 25 of Arms Act at Police registered on the basis of a written anjeet on 31.10.2023 alleging that on ther i.e. Deepu, was present in his go back towards their houses on their nknown to them reached there and tols on the ear lobes of the petitioner over the keys of their motor bikes, M) 2026 oner dent nder ) 2023 olice ritten at on n his their and ioner ikes, AMIT SHARMA 2026.01.30 14:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-35755- otherwise they wo brother handed ov away. After regis looted motorcycle District Hisar on 0 investigation, the disclosure stateme the same, he was 28.05.2025. He admitting the fact from the complain were also disclos conducted in the p co-accused were the petitioner alo aforementioned of 3. It is a falsely implicated been effected from not legally admiss especially in view pursuance thereof. 03 out of 31 witn -2025 (O&M) 2 ey would be killed. Out of fear, th ded over the keys of their vehicles to t r registration of FIR, investigation pro orcycles were found lying abandone ar on 02.11.2023 and were taken into n, the petitioner who was arrested in tatement admitting his involvement in e was joined into investigation of th He was interrogated again and s e fact that he alongwith the co-accus mplainant and his cousin brother. T disclosed. Test Identification Parad n the presence of the victim and he wa were subsequently arrested. Investigat er alongwith the co-accused is fac offences. It is argued by learned counsel for t icated in this case. He was not named from him. The disclosure statemen dmissible in evidence and hence cann view of the fact that no distinct or n hereof. The trial will take considerab 1 witnesses have been examined so f the complainant and his cousin les to them and then all of them fled ion proceedings were initiated. The andoned in the area of Daulatpur, n into custody. During the course of sted in some other case suffered a ent in this case and on the basis of n of this case and was arrested on and suffered disclosure statement accused had looted the motorcycles er. The names of other co-accused Parade of the petitioner was got he was duly identified by them. The estigation now stands completed and is facing trial for commission of l for the petitioner that he has been named in the FIR. No recovery has atement allegedly suffered by him is cannot be taken into consideration ct or new fact has been disclosed in iderable time to conclude since only d so far. His involvement in other usin fled The tpur, se of ed a is of d on ment ycles used got The and n of been y has im is ation ed in only other AMIT SHARMA 2026.01.30 14:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-35755- cases cannot be co is, thus, urged that 4. Status State. It is argue petitioner are serio test identification 09 cases have be There are chances offences or abscon the petition does n 5. This both the parties. 6. The p the complainant an extending threats facie make out a c however, the petit months. There a cannot be denied b some other cases. witnesses or may incarceration shou bail is the rule an discussed facts and -2025 (O&M) 3 t be considered to be a reason for den ed that he deserve to be released on bai Status report and custody certificate h argued by learned State counsel th re serious in nature as he was duly id ation parade. He is a man of crimina ve been registered against him and hances of petitioner’s intimidating the absconding, if extended benefit of bai does not deserve to be allowed. This Court has heard the rival subm The petitioner alongwith the co-accu nant and his cousin brother of their mo hreats to them by showing pistols. out a case for commission of subject o e petitioner is in custody for a period here are no chances of conclusion of enied benefit of bail only because of cases. There is no basis on the conten r may abscond. It is well settled pro n should not be a replica of post-conv ule and jail is an exception. Taking cts and circumstances, this Court is of or denying benefit of bail to him. It on bail. ficate have been filed by respondent- sel that the allegations against the uly identified by the victims during iminal antecedents since as many as and which are serious in nature. ng the witnesses committing similar of bail. It is, therefore, stressed that l submissions made by counsel for accused is alleged to have robbed eir motorbikes on the fateful day by . Though the allegations prima bject offences against the petitioner, period of more than 01 year and 08 ion of trial in the near future. He se of the fact that he is in custody in ontention that he may intimidate the led proposition of law that pre-trial conviction sentence and that even aking into consideration the above rt is of the opinion that the petitioner . It - t the uring ny as ture. milar that l for bbed y by rima oner, d 08 He dy in e the trial even bove ioner AMIT SHARMA 2026.01.30 14:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-35755- has made out a ca the petitioner is or as well as surety learned trial Court the following cond (i) ind fac ma (ii) circ (iii hea (iv) resi info (v) num swi (vi) det his (vii firs -2025 (O&M) 4 ut a case for grant of bail. According r is ordered to be released on bail sub surety bonds to the extent of 02 sure Court/Chief Judicial Magistrate/Duty g conditions:- (i) The petitioner shall not dire inducement, threat or promise to a facts of the case or tamper with th manner whatsoever. (ii) The petitioner shall not le circumstance without permission of (iii) The petitioner shall appear b hearing. (iv) The petitioner shall provide h residing after release and shall n informing the concerned IO/SHO. (v) The petitioner shall upon his r number to concerned IO/SHO and switched on all times. (vi) The petitioner shall surrender details of his cell phone and Aadh his mobile number(s) during the pe (vii) The petitioner shall appear b first Monday of alternate month, du ordingly, the petition is allowed and ail subject to his furnishing personal 2 sureties to the satisfaction of the e/Duty Magistrate concerned and on t directly or indirectly make any se to any person acquainted with the with the evidence of the case in any not leave the country under any sion of the learned trial Court. pear before each and every date of vide his address where he would be shall not change the same without SHO. n his release give his mobile phone O and shall keep his mobile phone rrender his passport, if any, furnish Aadhar card, and shall not change the pendency of the trial. pear before the concerned SHO on nth, during the pendency of the trial. and sonal f the d on any h the any any te of ld be thout hone one rnish ange on  AMIT SHARMA 2026.01.30 14:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-35755- 7. It is cla as an expression o influence the outco 8. Since any, is rendered in 30.01.2026 Amit Sharma -2025 (O&M) 5 t is clarified that the observations mad sion of opinion of this Court on the m e outcome of the trial in any manner. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    s made above shall not be construed the merits of the case and shall not nner. een allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No  trued ll not n, if AMIT SHARMA 2026.01.30 14:33 I attest to the accuracy and integrity of this order/judgment.