CRM-M-45871-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113 CRM-M-45871-2025 Decided on: 22.08.2025 ARJUN ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sankalp Gehlawat, Advocate for the peoner. Mr. Akshay Kumar, AAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Staon Secons 211 07.07.2025 Civil Lines, Hisar 115, 140(3) and 351(3) BNS, 2023 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. Per paragraph No.7 peoner has clean antecedents. 3. The facts and allegaons are being taken from the paragraph No.3 of the order dated 12.08.2025 whereby applicaon for bail of the peoner was rejected, which reads as follows: “Briefly stated, the instant criminal case has been registered on the basis of complaint made by the complainant namely Lalit Kumar, son of Shri Khetpal Singh. The complainant alleged that he is resident of village Mehuawala, Tehsil Bha!u, District Fatehabad. On 07.07.2025 at about 1:00 P.M., he along with his friend Ishant, son of Partap Singh were standing outside Kofia Restaurant at PLA Texi Stand, Hisar, in the meanwhile a Swi2 bearing registra3on No.HR-20AG8549 white colour, stopped nearby them and Arjun Malik, son of Ajay Malik along with his three friends came outside the car (whom he does not know) and a!acked on Ishant with hands and fist blows and put Ishant in the car. When he tried to rescue Ishant, then they threatened to kill him. 1 PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document CRM-M-45871-2025 Therea2er, all of them along with Ishant went away in the car.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and their family. 5. 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 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. 6. The State’s counsel opposes bail on instrucons. REASONING: 7. Given the nature of injuries and role aFributed to the peoner and undertaking given by counsel for the peoner no case of custodial interrogaon is made out. As concerned for the recovery of the car that can be effected by joining the peoner into invesgaon. 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. 9. 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 out a case for bail. CONDITIONS: 10. Given 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 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 2 PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document CRM-M-45871-2025 must be sasfied that if the accused fails to appear, such surety can produce the accused. 11. 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) 12. This order is subject to the peoner’s complying with the following terms. 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. 13. The pe33oner is directed to join the inves3ga3on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and he shall co-opera3ng the recovery of the car and as and when called by the Inves3gator. 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. 14. Given the background of allegaons against the peoner, it becomes paramount to protect the members of society, vicm/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 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 fiOeen days of the uploading of this order on the official webpage of this Court and inform the Invesgator of the compliance. However, subject 3 PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document CRM-M-45871-2025 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. 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 Hon’ble Supreme Court holds 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 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. 17. It is clarified that if the peoner violates any bail condion, the State and/or the vicm may file an applicaon for bail cancellaon before the trial court, which shall be competent to cancel the bail or add more condions. Furthermore, if the peoner moves for deleon or diluon of any bail condions, the trial court is empowered to do so. 18. 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. 19. 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 4 PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document CRM-M-45871-2025 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. 20. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Appellant-Accused 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. 22. Peon allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 22.08. 2025 pry Whether speaking/reasoned: Yes Whether reportable: No. 5 PRIYANKA 2025.08.28 10:14 I attest to the accuracy and integrity of this document