CRM-M-35357-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 CRM-M-35357-2025 Decided on: 09.07.2025 Harsh Rawal ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Parminder Singh, Advocate, for the peoner. Ms. Trishanjali Sharma, DAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta+on Sec+ons 229 13.04.2024 Samalkha, District Panipat 148, 149, 195-A, 285, 506 IPC and Secon 25 of Arms Act (Secon 120-B IPC added later on0 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. As per paragraph 8 of the bail applicaon, the accused has the following criminal antecedents: Sr. No. FIR No. Year Offenses Police Sta+on 1. 754 2022 201, 323, 325, 34, 341, 506 IPC - 2. 1191 2019 148, 149, 323, 506, 325 IPC - 3. 484 2021 393, 34, 452 IPC and 25 of Arms Act - 4. 214 2023 323, 324, 326, 34, 506 IPC - 5. 126 2022 323, 34, 341, 506 IPC - 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 SHO PS Samalkha, Panipat. Sir it is submied that I Parveen son of Puran is resident of Village Chulkana and I do agriculture work. On 26.07.2018, Rishi S/o Shyam Lal, R/o Chulkana along with his companions had murdered son of my uncle Sompal S/o Ruhna Ram R/o Chulkana and the police during inves-ga-on had registered a case and arrested Rishi 1 JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. CRM-M-35357-2025 and his companions. This case is pending before court and they remained confined in jail. Today on 12.04.2024, Rishi has come to the village in the evening a1er his release on bail. Above Rishi came with a convoy of cars and about 20-25 cars were with him and there were total of about 70-80 persons including Rishi S/o Shyamlal, Sandeep S/o Shyamlal, Sonu S/o Pritam, Vishal @ Dhuma S/o Ashok and many other persons. I can recognize them if they are brought before me. They came with the convoy and firstly they stated burs-ng crackers in the street outside the house and also fired two shots and started making so much noise. We do not know as to who out of them fired. Seeing this terror I and my en-re family did not come out of the house due to fear. If we had come out of the house then they could have also killed us. I or any of my family members have not received any injury. Above Rishi was saying that if I gave statement against him then he will kill me. I and family members are having a threat of life from Rishi and his companions. Strict ac-on be taken against him.” 4. Counsel for the peoner submits that he would have no objecon in case any stringent condions this Court might put upon the peoner inlcuding surrender of fire arms, if any and in case, peoner repeats the offence, where the sentence prescribes 07 years or more, he has no objecon if the State files an applicaon for cancellaon of bail and in those cases, where he is on bail. He further contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and his family and all the accused in this case has already been released on bail. 5. The State’s counsel opposes bail on instrucons. REASONING: 6. Allegaon against the peoner are that he was member of unlawful assembly, who was celebrang the release of main accused on bail. No ground for custodial interrogaon is made out. 7. 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. 8. 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 2 JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. CRM-M-35357-2025 to this case, and for the reasons menoned above, the peoner makes a case for bail. 9. 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 maFer 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. 10. 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 aFesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. This order is subject to the peoner’s complying with the following terms. 12. The pe--oner is directed to join the inves-ga-on 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 Inves-gator. 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. 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 members of society, complainant and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acquiFal. Consequently, it would be appropriate to restrict the possession of firearms. [This 3 JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. CRM-M-35357-2025 restricon is being imposed based on the preponderance of the evidence of 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 fiLeen days 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 acquiFal 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. 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 the Hon’ble Supreme Court held 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.” 16. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, the Hon’ble Supreme Court holds in Para 7, “It goes without saying that if the peoner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the peoner is bound to face the necessary consequences.” 17. 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. 18. This bail is condi onal, and the founda onal condi on is that if the pe oner 4 JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. CRM-M-35357-2025 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. 19. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 20. 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 aFest it to be a true copy. If the aFesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aFesng bonds. 21. Pe++on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 09.07.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment.