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2025 DAILYLAW 79342 (PNJ)

SAJID ALIAS BHURA v. STATE OF HARYANA

CRM-M/37273/2025 · 2025-09-24

Sanjay Vashisth

body2025

Judgment text

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CCCCRRRRM M M M----M M M M----33337777222277773333----2222000022225555 1111 IIIINNNN TTTTHHHHEEEE HHHHIIIIGGGGHHHH CCCCOOOOUUUURRRRTTTT OOOOFFFF PPPPUUUUNNNNJJJJAAAABBBB AAAANNNNDDDD HHHHAAAARRRRYYYYAAAANNNNAAAA AAAATTTT CCCCHHHHAAAANNNNDDDDIIIIGGGGAAAARRRRHHHH 222211117777 CCCCRRRRM M M M----M M M M----33337777222277773333----2222000022225555 DDDDeeeecccciiiiddddeeeedddd oooonnnn:::: 22224444....00009999....2222000022225555 SSSSAAAAJJJJIIIIDDDD AAAALLLLIIIIAAAASSSS BBBBHHHHUUUURRRRAAAA … … … …............PPPPeeeettttiiiittttiiiioooonnnneeeerrrr VVVVeeeerrrrssssuuuussss SSSSTTTTAAAATTTTEEEE OOOOFFFF HHHHAAAARRRRYYYYAAAANNNNAAAA … … … …............RRRReeeessssppppoooonnnnddddeeeennnntttt CCCCOOOORRRRAAAAM M M M:::: HHHHOOOONNNN''''BBBBLLLLEEEE M M M MRRRR.... JJJJUUUUSSSSTTTTIIIICCCCEEEE SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH Present: Mr. Ashish Gupta, Advocate, for the petitioner. Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana. **** SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH,,,, JJJJ.... 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Sajid @ Bhura, aged 32 years 134 09.06.2022 34, 379A of IPC, 1860 Sector 6, Dharuhera Rewari 2. On 17.07.2025, following order was passed:- ““““1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Sajid @ Bhura, aged 32 years 134 09.06.2022 34, 379A of IPC, 1860 Sector 6, Dharuhera Rewari LAVISHA 2025.09.24 18:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33337777222277773333----2222000022225555 2222 2. Learned counsel for the petitioner contends that the occurrence took place on 06.06.2022, whereas the FIR was registered on 09.06.2022, reflecting an unexplained delay of three days in lodging the FIR. He further submits that the petitioner, aged about 32 years and a co-villager of the already arrested accused – Sharfaroz, has been falsely implicated in the present case solely on the basis of a disclosure statement recorded by the said accused. It is also contended that the petitioner has never been found involved in any other similar incident of snatching, and apart from the present case, no other offence is registered against him. As the petitioner is willing to join investigation and cooperate, if granted protection from arrest, counsel prays for grant of concession of anticipatory bail in the present case. 3. Notice of motion. 4. On advance notice, learned State counsel puts in appearance on behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report by verifying the submissions addressed by the petitioner’s counsel. 5. Adjourned to 24.09.2025. 6. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad- interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 7. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.” 3. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 17.07.2025, passed by this Court, petitioner has joined the investigation, and has fully LAVISHA 2025.09.24 18:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33337777222277773333----2222000022225555 3333 co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 4. Learned State counsel has filed status report dated 22.09.2025 in the Court today and the same is taken on record. Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation on 30.07.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. 5. Heard learned counsel for the parties. 6. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 17.07.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7. Accordingly, petition stands disposed of. ((((SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH)))) JJJJUUUUDDDDGGGGEEEE 22224444....00009999....2222000022225555 Lavisha Whether Speaking/Reasoned: YYYYEEEESSSS////NNNNOOOO Whether Reportable: YYYYEEEESSSS////NNNNOOOO LAVISHA 2025.09.24 18:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh