CRM-M-34100-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 211 CRM-M-34100-2026 Decided on: 07.07.2026 Ali Ahmad …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Paras Jagga, Advocate for the petitioner. Mr. Vinay Malhotra, DAG Punjab **** SANJAY VASHISTH, J. (ORAL) 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 in FIR No.75 dated 07.05.2026, registered under Section 305(a) of BNS (corresponding Section 380 IPC) at Police Station Boha, District Mansa. 2. Status report by way of an affidavit of Sh. Sikander Singh, PPS, Deputy Superintendent of Police, Sub-division Budhlada, District Mansa on behalf of the respondent-State has been filed in the Court today. The same is taken on record. 3. FIR in the present case was got registered on 07.05.2026 by complainant-Raghvir Singh, Security Supervisor, B4S Solutions Pvt. Ltd. and the same reads as under: REENA 2026.07.08 10:17 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34100-2026 2 “Stated that I am a resident of the above-mentioned address and I am working for B4S Solutions Pvt. Ltd., registered at Mohali, for carrying out security/patrolling of the towers installed by Indus Towers Ltd. Company under District Mansa. I also have the responsibility of security of the towers installed in the villages falling under Police Station Boha. All the towers installed by the company are surrounded by boundary walls and barbed wire fencing. Airtel BTS/BBU/GUC cards are installed in the BTS boxes of these towers. By breaking and damaging these installations, some unknown person/persons had committed thefts on different occasions over a considerable period of time. Regarding the said thefts, I had lodged complaints on the Online PGD Portal for tracing the stolen articles, namely: Complaint ID No. 803749 dated 29.04.2026 regarding Indus ID IN-1306358 Tower at village Gair Uddat. Complaint ID No. 803748 dated 29.04.2026 regarding Indus ID IN-1075727 Tower at village Dharampura. Complaint ID No. 803747 dated 29.04.2026 regarding Indus ID IN-1317370 Tower at village Bhupal. Complaint ID No. 788315 dated 08.04.2026 regarding Indus ID IN-1057020 Tower. Complaint ID No. 788313 dated 08.04.2026 regarding Indus ID IN-1109524 Tower. The total value of the articles stolen from the towers is approximately Rs.3,00,000/- (Rupees Three Lakhs only). Till now, we had been conducting inquiries at our own level. Today, we came to know through our company officials that the Airtel BTS/BBU/GUC cards stolen from the towers installed by the company have been stolen by Ali Ahmad, son of Jan Muhammad, resident of House No. 99, Gali No. 2, Purana Mustafabad, Delhi, North East Delhi, India. Legal action be taken against the said Ali Ahmad in respect of the aforesaid thefts. Statement recorded, read over and found correct. Sd/- Raghvir Singh (above named) Verified correct. Sd/ Gurpreet A Singh, ASI Police Station Boha. Dated: 07.05.2026.” 4. Learned counsel for the petitioner contends that for all the BTS boxes, on online portal, different complaints were got registered on 29.04.2026, however, in the said complaints no name of any of the accused was mentioned. After a period of about one month, FIR was got registered against the petitioner only by alleging that from the enquiry got conducted by company official, they came to know of name of the accused as Ali Ahmad (petitioner herein), except of the allegations that too at a much belated stage, no other evidence is highlighted in the REENA 2026.07.08 10:17 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34100-2026 3 FIR, even at the time of hearing of the present petition. Thus, prays for grant of bail. 5. Learned State counsel could not point out any specific evidence against the petitioner. Merely because of suspicion, petitioner's name has been involved, however, learned State counsel submits that petitioner is required to be subjected for custodial interrogation to know the truth. He further submits that infact petitioner was found involved in earlier case also with similar set of allegations, therefore, petitioner is not entitled for any concessional relief. 6. However, same is rebutted by learned counsel for the petitioner by submitting that this is also one of the reason that complainant failed to identity the actual accused and only on the basis of suspicions as he was facing one more case of similar nature, petitioner was named once again as a suspect. This Court is not required to go into the merits of the case or to express its opinion about the allegations at this stage. However, in the absence of any evidence, having been pointed out, petitioner can not be subjected for custodial interrogation. 7. Accordingly, petitioner is directed to join the investigation within two weeks from today, or as and when called by the investigating agency, and in the eventuality of the arrest, petitioner would be released on anticipatory 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.). 8. 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, REENA 2026.07.08 10:17 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34100-2026 4 petitioners would seek prior permission of the Court. 9. However, it is clarified that if the petitioner fails to join and cooperate with the investigation, in terms of directions mentioned in the present order, it shall be open for the Investigating Officer to proceed immediately to arrest the petitioner, in accordance with law. 10. With the directions issued here above, present petition stands disposed of. (SANJAY VASHISTH) 07.07.2026 JUDGE reena Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO REENA 2026.07.08 10:17 I attest to the accuracy and integrity of this document Chandigarh