CRM-M-25231-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 300 CRM-M-25231-2025 Date of Decision: 14.05.2025 Pardeep Kumar @ Kalu ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ashish Sindher, Advocate, for the peoner. Mr. Naveen Kumar Sheoran, D.A.G., Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta-on Sec-ons 406 22.12.2023 Nissing, District Karnal 148, 149, 323, 324, 308, 379-B, 427, 452 & 506 IPC 1. The peoner incarcerated in the FIR caponed above had come up before this Court under Secon 483 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 8 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: “To S.H.O. Police Staon Nissing, Karnal. Subject: Regarding registraon of F.I.R. Sir, it is respec"ully submi%ed that on 19.12.2023 me about 8:25-30 I was with my cousin at Power Zone Gym at Gullarpur Road. Then Deepak Lot son of Suresh, Sethi, Ajay son of Shyam Lal, Aryan son of Mahender @ Baba Caste Khani, Rocky son of Shyam Lal, Ravi who all were carrying Gandasi, sword, Farse in their hands and 26-27 boys lassed with weapons entered in the Gym under their leadership: Rohit @ Rohta, Sethi, Deepak, Kalu, Chanderkant with intenon to kill Sonu a%acked with sharp edged weapons. Ravi, Ajay, Rocky, Aryan also a%acked upon Rahul with sharp edged weapons. Deepak Lot has kept hidden pistol on his waist. Rohit @ Rohta and Deepak Lota were speaking loudly in the Gym 1 JYOTI 2025.05.15 09:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-25231-2025 to these boys to vandalize, on which the remaining boys, out of which some of them have covered their face, destroyed all the Gym and took away Rs.50,800/- and CCTV and DVR. Sethi, Aryan, Sahil Singha brother- in-law of Sethi of Ghraunda and others were involved in destroying & Dacoity and issued threat to kill. The other people who were doing Gym, out of them mobile of some were snatched by Rocky and other boys. Deepak Lot and other raised Lalkara that issued threat that if anybody become witness or will help them, then we will not leave him alive. While leaving the above accused told that this is only lesson and if now run Gym without accompanying us, then lost your lives. Aryan and others damaged all the bikes standing outside the Gym with their weapons and by displaying weapons in open went away. Out of them the most of accused are of Balmiki Bas Nissing. I know them personally, they all are criminal type of persons and have old criminal record. They have polical shelter, therefore their criminality prevails in the town. They are involved in all type of crimes. They earlier also issued threat many mes to kill and threat to close the Gym, upon which applicaon was given of quarrel. Protecon be given to us and strict acon be taken against the accused” 4. The peoner’s counsel has referred to Annexures P-2 to P-5 annexed with the bail peon, vide which, bail has been granted to the co-accused, as such, he also seeks bail on the ground of parity with co-accused. 5. 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, shall not enter the property of the complainant/vicm and in case, peoner repeats the offence, where the sentence is prescribed 07 years or more, the State shall may an applicaon for cancellaon of bail. He further contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 6. The State’s counsel opposes bail on instrucons. REASONING: 7. The co-accused has already been granted bail by this Court vide order dated 19.12.2024 passed in CRM-M-47318-2024, CRM-M-44186-2024, CRM-M-46495-2024 and CRM-M-47224-2024, vide Annexures P-2 to P-5 respecvely, as such, the peoner is also entled to bail on the ground of parity with his co-accused. 8. There is sufficient primafacie evidence connecng the peoner with the 2 JYOTI 2025.05.15 09:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-25231-2025 alleged crime. However, pre-trial incarceraon should not be a replica of post-convicon sentencing. As per paragraph 6 of the bail peon, the peoner has been in custody since 05.01.2024. As per the custody cerficate dated 13.05.2025, the peoner’s total custody in this FIR is 01 year, 04 months and 08 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability for further pre-trial incarceraon at this stage. 9. 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 bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned 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 aJesng 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. 13. 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. 14. Given the background of allegaons against the peoner, it becomes paramount to protect the vicm, members of society, and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acquiJal. Consequently, it would be appropriate to restrict the possession of firearms. [This restricon is being imposed based on the preponderance of the evidence of 3 JYOTI 2025.05.15 09:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-25231-2025 probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be construed as an intermediate sancon]. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall surrender all weapons, firearms, and ammunion, if any, along with the arms license to the concerned authority within fiNeen days of release from prison and inform the Invesgator of the compliance. However, subject to the Indian Arms Act, 1959, the peoner shall be entled to renew and reclaim them in case of acquiJal in this case, provided otherwise permissible under the concerned rules. Restricng firearms would insll confidence in the vicm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeang the offense. 15. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall not enter the property, workplace, and residence of the vicm unl the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condion to rule out any aJempt by the accused to incapacitate, influence, or cause any discomfort to the vicm. Reference be made to Vikram Singh v Central Bureau of Invesgaon, 2018 All SCR (Crl.) 458); and Aparna BhaJ v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. The condions menoned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense and also to block the menace of drug abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Peon (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proporonal to the purpose of imposing them. The courts, while imposing bail condions must balance the liberty of the accused and the necessity of a fair trial. While doing so, condions that would result in the deprivaon of rights and liberes must be eschewed.” 17. 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. 18. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. 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 aJest it to be a true copy. If the aJesng officer 4 JYOTI 2025.05.15 09:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-25231-2025 wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aJesng bonds. 20. Pe--on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 14.05.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.05.15 09:48 I attest to the accuracy and integrity of this order/judgment.