CRM-M-37617-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 217 CRM-M-37617-2025 Decided on: 28.08.2025 Jamaluddin ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Anshul Khurana, Advocate, for the peoner. Mr. Atul Gaur, A.A.G, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta-on Sec-ons 125 05.04.2024 Sadar Nuh, Dis,. Nuh 3/13(1) and 8/13(3) of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and 120-B 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. As per paragraph 16 of the bail applicaon and as per the custody cerficate, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta-on 1. 333 23.06.2023 3/13(1) of HGS & GS Act Sadar Nuh, Mewat 2. 433 24.08.2014 8/13(3) of HSG & GS Act Nuh, Mewat 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 Police Staon City Nuh Jai Hind. Today I the SI along with ESI Satbir Singh No.603/Nuh, HGH Belt No.241 and were riding on a government vehicle Bolero No.HR-27-GV-5892 driven by Bijendra Singh (Kaushal Rojgar) and while patrolling were present at Palwal T. Point Nuh that an informer gave informaon that Akhtar Ali alias Chu;an son of Abdul Salim alias Ghasita Qureshi, Jamaluddin son of Shokat, Habin son of 1 JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-37617-2025 Haji Gunga, Mustafa son of Akhtar Ali alias Chu;an and Mubina wife of Akhtar Ali alias Chu;an residents of village Ghasera Police Staon Sadar Nuh are involved in cow slaughtering. Today also in Palla Pahar Bal a>er doing cow slaughtering, a>er cu?ng beef into small pieces Akhtar Ali alias Chu;an son of Abdul Salim alias Ghasita Qureshi residents of Ghasera Police Staon Sadar Nuh, will keep it in the room of the house and by packing in polythene would sell it. If the house of Akhtar Ali alias Chu;an son of Abdul Salim alias Ghasita Qureshi resident of Ghasera Police Staon Sadar Nuh is raided quickly then he can be apprehended alongwith the beef. On considering the informaon to be true, the passers-by were asked to join the raiding party but all the passers-by, being from the same community, went away expressing their legimate compulsions. A>er informing the fellow employees of the informaon alongwith the informer reached at the disclosed place then the gate of the house was found to be locked from inside. Upon knocking the door all the men and one woman managed to escape through the roofs while making noise from inside the house. That upon opening the gate from inside a>er jumping from above and upon looking inside the room, about 50 Kg of beef freshly slaughtered in small & big pieces and one axe, one iron knife, one pressure of iron, one electronic weighng scale and one small steel plate were found, which were kept in a plasc bag and a separate parcel was prepared which was stamped by stamp BS. The stamp was handed over to ESI Satbir Singh for its later use. That the aforesaid recovered about 50 kg of beef was put in separate plasc bag and a parcel was prepared and was taken into police custody so as to serve as a proof on receipt of the list. On receipt of the list, signatures of the witnesses were obtained. Which the accused Akhtar Ali alias Chu;an son of Abdul Salim alias Ghasita Qureshi, Jamaluddin son of Shokat, Habin son of Haji Gunga, MusEa son of Akhtar Ali alias Chu;an and Mubina wife of Akhtar Ali alias Chu;an, resident of Ghasera Police Staon Sadar Nuh, aforesaid people together commi;ed cow slaughtering and by keeping the beef in the room of the house of Akhtar Ali alias Chu;an had commi;ed offence under Secon 3/13 (1), 8/13 (3), HGS GS ACT and 120- B IPC, upon which for the registraon of FIR it is sent to the Police Staon through ESI Satbir Singh No. 603/Nuh. A>er the registraon of FIR its number be inmated. For the further invesgaon of the case, the other invesgang officer be sent at the spot. I the SI alongwith case property alongwith fellow employees are present at the spot.” 4. The peoner’s counsel seeks bail on the ground of parity with co-accused, namely, Akhtar Ali @ Chu,an and Habeen @ Habin, who have been granted the benefit of bail by this Court, vide order dated 15.10.2024 and 22.04.2025 passed in CRM-M- 34872-2024 and CRM-M-19171-2025 (Annexures P-2 and P-3 respecvely). 5. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 6. The peoner’s counsel submits that the peoner would have no objecon whatsoever to any stringent condions that this Court may impose, including that if the peoner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an applicaon 2 JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-37617-2025 to revoke this bail before the concerned Court having jurisdicon over this FIR, which shall have the authority to cancel this bail, and may do so at their discreon, to which the peoner shall have no objecon. 7. The State’s counsel opposes bail on instrucons. REASONING: 8. The co-accused have already been granted the benefit of bail by this Court vide Annexures P-2 & P-3, as such, he is also entled to bail. 9. There is sufficient primafacie evidence connecng the peoner with the alleged crime. However, pre-trial incarceraon should not be a replica of post-convicon sentencing. As per paragraph 1 of the bail peon, the peoner has been in custody since 03.06.2025. As per the custody cerficate dated 27.08.2025, the peoner’s total custody in this FIR is 02 months and 25 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. 10. 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. 11. Given the 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 or duty Magistrate, with or without surees, with a maximum bond amount not to exceed INR 10,000. 12. Before accepng the surety, the concerned Court must be sasfied that if the accused fails to appear, the surety is capable of producing the accused. However, instead of surety, the peoner may provide a fixed deposit of INR 10,000/-, with a clause that the interest shall not be accumulated in FD, either drawn from a State- owned bank or any bank listed on the Naonal Stock Exchange and/or Bombay Stock Exchange, in favour of the “Chief Judicial Magistrate” of the concerned Sessions Division; or a fixed deposit made in the name of the peoner, with similar terms and with endorsement from the banker stang that the FD shall not be encumbered or redeemed without the permission of the concerned trial Court, or unl the surety bond has been discharged. 3 JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-37617-2025 13. 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 a,esng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 14. This order is subject to the peoner’s complying with the following terms. 15. 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. 16. The significant consideraon for granng bail is that the Court aims to give the peoner another chance to course-correct, reform, and reintegrate into the community as an ideal cizen. To ensure that the peoner also abides by the assurance made on the peoner’s behalf by not repeang the offence or indulging in any crime, it shall be desirable to impose the following addional condion. 17. This bail is condional, with the foundaonal condion being that if the peoner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an applicaon to revoke this bail before the concerned Court having jurisdicon over this FIR, which shall have the authority to cancel this bail, and as per their discreon, they may 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. In Amit Rana v. State of Haryana, CRM-18469-2025 [Decided on 05.08.2025), in CRA-D-123-2020], a Division Bench of Punjab and Haryana High Court in paragraph 13, holds that “To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever the bail order or the orders of suspension of sentence are not immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a situaon, to facilitate the immediate restoraon of the liberty granted by any Court, the downloaded copies of all such orders, subject to verificaon, must be 4 JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-37617-2025 accepted by the Court before whom the bail bonds are furnished.” 20. Pe--on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.08.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment.