Jaideep v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 434 18.07.2024 Sector-29, Panipat, 115, 126, 190, 191 (3), 351 (2) of BNS, Dis-. Panipat 2023 (Secton 25 of Arms Act added later on)

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 18 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons are being taken from the translated copy of FIR (Annexure P-1) annexed with the bail petton, which reads as follows: "xxx xxx To the In-Charge, Police Post Kishanpura, Panipat. Sir, stated that I, Akshay s/o Pawan Kumar, am R/o Kha#k Bas#, Panipat. Today i.e. on

17.07.2024, I was going from my house to Dharamshala, Kha#k Bas# and Jaideep Pawar s/o Ashok stopped my way and hurled abuses and gave bea#ngs to me, upon which I asked as to why was he bea#ng and then Jaideep said that they would kill me and a/er phone call, he called upon his uncle/chacha Vikram, Sunny, Sonu, Bunty who came on motorcycle and a/er coming, all of them gave bea#ngs to me with legs, danda angrily and while I was running away, then Jaideep gave brick blow on my head from order/judgment. 1 behind. When the people from neighbourhood gathered, then they ran away from the spot. Legal ac#on be taken against all of them. I have produced my MLR to you."

¶4The pettoner's counsel prays for bail by imposing any stringent conditons and contends that pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

¶5The State's counsel opposes bail and refers to the reply.

¶6It would be appropriate to refer to the following portons of the reply, which read as follows: "3. That the role of the pe##oner is that he is specifically named as accused in the present FIR. Pe##oner is the main accused in this case and there are specific allega#ons on the pe##oner for abusing complainant, then calling other co-accused and giving bea#ngs to the complainant with fists, legs, dandas. Therea/er, when the complainant was running away to save himself, the pe##oner gave a brick blow to the head of the complainant. Moreover, the perusal of CCTV footage obtained from cameras installed near the crime spot revealed that the pe##oner was going towards the crime spot armed with sword.

¶4That the pe##oner has not joined in the inves#ga#on of the case and further inves#ga#on of the case is s#ll in progress. The custodial interroga#on of the pe##oner is required for a proper inves#ga#on of the case and recovery of sword used by him in the occurrence. It is humbly submi:ed that the custodial interroga#on of accused person is qualita#vely more elicita#on oriented than ques#oning a suspect who is well ensconced with a favourable order under Sec#on 482 of the Bhara#ya Nagarik Suraksha Sanhita, hence the present pe##on is liable to be dismissed." REASONING:

¶7Pre-trial incarceraton should not be a replica of post-convicton sentencing. The evidence might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶8Given the above, the penal provisions invoked coupled with the primafacie order/judgment. 2 analysis of the nature of allegatons, role a-ributed and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage.

¶9Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail. CONDITIONS:

¶10Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the ma-er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶11While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the a-estng 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 pettoner's complying with the following terms. The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner 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.

¶13The pe##oner is directed to join the inves#ga#on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves#gator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent order/judgment. 3 language, inhuman treatment, etc.

¶14This bail is condi#onal, and the founda#onal condi#on is that if the pe##oner indulges in any non-bailable offense, the State may file an applica#on for cancella#on of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶15The concerned trial court is authorized to delete, modify, or relax any of the above conditons and shall be competent to do so in accordance with the law.

¶16Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶17A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and a-est it to be a true copy. If the a-estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a-estng bonds.

¶18Pe11on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.02.2025 Jyot-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Jaideep ...Pettoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Monu Sharma, Advocate, for the pettoner. Mr. Aashish Bishnoi, DAG Haryana. ****