Aarif v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta.on Sec.ons 112 19.05.2019 Nagina, District 365, 395, 397, 420 IPC and Nuh 25/54/59 of Arms Act

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 483 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 17 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allegations are being taken from the translated copy of FIR (Annexure P-1) which reads as follows: "To, SHO Sahib, Police Station Nagina, Subject: Application regarding taking legal action against those who commit robbery, Sir, I request that I Shourya Khurana son of Rajiv Khurana, K-10 Rajori Garden 110027, New Delhi. That I and Archita D/o Deepak Ahulwalia resident of Narwana Country Sec 50, Gurgaon, works as an architect, on 17-5-19, I received a call from mobile 9996842474 to my mobile phone no. 9711241789. The person was introducing himself as Vijay Kumar and spoke to me over the phone and said that I want to build a school for the poor people in Mewat, you please visit the site once and make a map. I kept receiving calls from this man since 17-5-19, and today on 19-5-19, I and Archita daughter of Deepak Ahulwalia, hired the above mentioned Ola company's taxi no.HR-order/judgment. 1 55-AC-0252, whose driver's name was Tulsi Das son of Kishori resident of Putriya PO Naugaon, district Chhattarpur and we left for the place told by Vijay Kumar, Badkali Chowk. After we sat in the said taxi and reached Hero Showroom, Badkali Chowk, Nagina, at around 2-30 PM. During this his phone was going on and after a while two young boys came on a motorcycle and one of them sat in our car and another was started riding on bike ahead of the car, who took us to the jungle ahead of Nagina town and stopped our car. Four more boys came who took control of our car and at pistol point snatched away my following belongings in the moving car which included an iPhone 6S number 9711241789 and another phone brand Vivo number 8308962483 and my purse which contained my pilot license, PAN card, DRIVER license, challan receipt, DRIVER license photo copy, Aadhar card, 2 debit cards, 2 black colour Burberry watches and Archita's 2 debit cards, 1 SBI debit card, one Michael Kors golden colour watch. 1 PAN card and one J2 Samsung Mobile phone of the driver Tulsa. having No.- 9137413817, 8989602047, one Aadhar car, 1 driving license, identity card and they were snatched Rs 2500 from us at gunpoint or the ATM card code number was found out from us by threatening us. When we reached village Karheda, driver Tulsi saw the opportunity and pulled the hand brake of the vehicle and we shouted due to which many people of the village gathered and all the boys got down from our vehicle and ran away. Out of the boys running away, the villagers recognized one boy and told his name as Arif son of Muhru resident of Nagina, that mobile phone number is 9996842474 who along with his fellow goons conspired and deceived us and called us here and forcibly snatched all our belongings at gunpoint. Out of the debit cards snatched by the accused, 17 thousand rupees have been withdrawn in 2 cards which are 7 thousand rupees from ICICI A/C No 001301586157 and 10 thousand rupees from SBI 02129199715. Then we saved ourselves and reached Nagina police station. Asked for action on my complaint and recovered all my belongings. Applicant Shorya Khurana son of Rajiv Khurana, resident of K10, Rajouri Garden, 110027, New Delhi, 9711241789, Architaa 9717198699."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and their family. Counsel for the pe!!oner submits that pe!!oner was earlier on bail but due to non-appearance, his bail was cancelled on 28.11.2023 and he himself surrendered on 03.01.2024 and since then, he is in custody.

¶5The State's counsel opposes bail on instruc!ons. Custody cer!ficate dated order/judgment. 2

29.04.2025 filed by State counsel today in the Court is taken on record. REASONING:

¶6The pe

oner was earlier on bail; however, he failed to appear, which led to the cancella on of the bail. ThereaAer, pe

oner had surrendered on 03.01.2024 and since then he is in custody.

¶7The pe

oner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condi on that the pe

oner shall not remain absent from the trial even on a single day.

¶8Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega ons, and the other factors peculiar to this case, there would be no jus fiability for pre-trial incarcera on at this stage, subject to the compliance of terms and condi ons men oned in this order.

¶9Without commen ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men oned above, the pe

oner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage. CONDITIONS:

¶10Given above, provided the pe

oner is not required in any other case, the pe

oner shall be released on bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.

¶11While furnishing a personal bond, the pe

oner shall men on the following personal iden fica on details:

¶1AADHAR number

¶2Passport number (If available) and when the aIes ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶12This order is subject to the pe

oner's complying with the following terms.

¶13The pe

oner shall aIend the Trial on every date and shall not seek any order/judgment.

¶14Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶15A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe

oner can download this order along with case status from the official web page of this Court and aIest it to be a true copy. If the aIes ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for aIes ng bonds.

¶16Pe..on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

29.04.2025 Jyo -II order/judgment.

223 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 29.04.2025 Aarif ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Arjun Atri, Advocate for the pe!!oner. Ms. Harpreet Kaur, A.A.G., Haryana. ****