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High Court of Punjab and Haryana · body

2025 DAILYLAW 76549 (PNJ)

ABHINANDAN v. STATE OF HARYANA

CRM-M/35725/2025 · 2025-08-18

Sukhvinder Kaur

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CRM-M-35725-2025 (O&M) Date of Decision: 18.08.2025. Abhinandan ...Petitioner. Versus State of Haryana ...Respondent. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. Virat Rana, Advocate for the petitioner. Mr. Pawan Kumar Garg, DAG, Haryana. *** SUKHVINDER KAUR , J. (Oral) Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.103 dated 18.06.2025, under Sections 25, 54, 59 of Arms Act, 1959, registered at Police Station Farakpur, District Yamuna Nagar. As per prosecution case, on 18.06.2025, co-accused Vansh was apprehended by the police with a country made pistol in his possession and the said accused suffered a disclosure statement to the effect that the said weapon was supplied to him by the petitioner and that the petitioner is involved in immoral trafficking. Learned counsel for the petitioner contended that no recovery has been effected from the petitioner and he is not connected with the offence in the present case. The petitioner has been falsely implicated in the present case only on the basis of disclosure statement of co-accused, which is not admissible in law. He prayed that custodial interrogation of the KOMAL 2025.08.19 16:32 I attest to the accuracy of this document CRM-M-35725-2025 (O&M) -2- petitioner is not required and he is ready and willing to join the investigation and the present petition be allowed. Notice was issued in this case on 10.07.2025 and status report was called from the State, which was filed on 05.08.2025 in the Court and the same is taken on record. Learned State counsel opposed the petition and submitted that the petitioner has been named by co-accused and his custodial interrogation is required to know about the source from where he had brought the pistol and to dig out other connected and related questions and true facts. He further submitted that the petitioner is involved in four other criminal cases but as per the details furnished in the status report in para No.3, he is under trial only in one case and the other three cases had already been decided and as such he is not entitled to the concession of anticipatory bail. Heard. The petitioner has not been named in the present FIR and the alleged recovery of the country-made pistol in the present case had been effected from the co-accused. He has been nominated as an accused only on the basis of disclosure statement of co-accused. Besides disclosure statement of the co-accused, no other material is on record to connect the petitioner with the alleged offence in the present case. Recovery in this case had already been effected and now nothing is to be recovered from the petitioner. Otherwise also, the present FIR has been registered only under Sections 25, 54, 59 of the Arms Act and there are no allegations regarding indulging in any immoral trafficking. As per status report, the petitioner is under trial only in one case and remaining cases have been decided. The custodial interrogation of the petitioner is not required for any purpose KOMAL 2025.08.19 16:32 I attest to the accuracy of this document CRM-M-35725-2025 (O&M) -3- and no useful purpose would be served by sending the petitioner behind the bars. Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of his arrest, the petitioner is ordered to be released on bail, on his furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/ Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard and he shall abide by the conditions mentioned in Section 482(2) of the BNSS. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail application. (SUKHVINDER KAUR) JUDGE 18.08.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.08.19 16:32 I attest to the accuracy of this document