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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CRM-M-36037-2025 (O&M) Date of Decision: 02.09.2025. Rahish ...Petitioner. Versus State of Haryana ...Respondent. ***
CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. Anshul Khurana, Advocate for the petitioner. Mr. R.K. Singla, Addl. A.G., Haryana. Mr. Saifuddin Shams, Advocate for the complainant. (through video conferencing). *** 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.146 dated 28.06.2025 under Sections 13(1) and 8/13(3) of HGS & GS Act, registered at Police Station Sadar Tauru, District Nuh. As per prosecution case, on 28.06.2025, the police received information from Gau Raksha Dal that cows were being slaughtered at the hills of Peepaka and then ASI Virender along with other police officials came at said place and when they reached there they found that the petitioner and others were engaged in slaughtering of cow and after seeing the police party they fled away from the spot. One slaughtered cow having black white colour along with slaughtering weapons i.e. two axe, one KOMAL 2025.09.03 09:58 I attest to the accuracy of this document
CRM-M-36037-2025 (O&M) -2- weighing machine, three weight, one knife, one iron rod and wooden log along with two cotton bags and one rope were recovered from the spot and the same were taken into police possession. Hence, the present FIR has been registered against the petitioner and others.
Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case due to party faction in the village. The petitioner was not apprehended at the spot and it is a matter of trial that whether the petitioner was actually involved in the offence in the present case or not. He further submitted that even as per the FIR, the petitioner fled away from the spot taking advantage of darkness. If it was dark at the time, then it was not possible for the police party to identify the petitioner and other co-accused. Recovery in this case had already been effected and the petitioner 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 06.08.2025 in the Court and the same is taken on record. Per contra, learned State counsel has opposed the petition while contending that the petitioner had committed a serious crime of cow slaughtering and as such he is not entitled to the concession of anticipatory bail. Heard. Perusal of the FIR reveals that the time of occurrence has been mentioned as 5:30 hours on 28.06.2025, so this contention raised by learned counsel for the petitioner is without substance that it was dark at the time of the alleged occurrence and the petitioner could not have been identified. KOMAL 2025.09.03 09:58 I attest to the accuracy of this document
CRM-M-36037-2025 (O&M) -3- There are specific allegations against the petitioner that at the time of the raid, the petitioner was seen cutting the cow's mouth with an axe and he succeeded in escaping from the spot on seeing the raiding party. From the place of alleged occurrence, one slaughtered cow along with cow slaughtering tools etc. were recovered. The custodial interrogation of the petitioner is required for fair and proper investigation in the present case and denial of custodial interrogation of the petitioner will adversely effect the investigation in the present case. Accordingly, the present petition stands dismissed. 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 petition. Pending application(s), if any, shall also stand disposed of. (SUKHVINDER KAUR) JUDGE
02.09.2025. Komal
Whether speaking/reasoned?
: Yes/ No Whether reportable? : Yes/ No KOMAL 2025.09.03 09:58 I attest to the accuracy of this document