Naresh Kumar v. State of Haryana and Anr

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 0159 31.03.2023 Krishana Gate, Thanesar, District Kurukshetra 406, 420 IPC

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 13 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the status report filed by the State, which reads as follows: "xxx xxx the gist of complaint are as under:- The above men-oned accused persons are the resident of the Village Bishangarh, Tehsil Thanesar District Kurukshetra and is a property dealer. In January, 2022 the above men-oned accused persons told their acquaintance that they have purchased a land at Darrakhurd, Kuber Nagar, Thanesar, District Kurukshetra. They are carving the said land into plots and colony and they are selling the plots to the public less than the market rates. In the mean-me accused Jasvinder Kaur and Rani met the aunt (mami) namely Mukesh Rani (Mami of complainant Mukesh Kumar) and said that you are known to us, we will give you this plot at a lesser order/judgment. 1 rate and they allured my mami Mukesh Rani and entered into an agreement with her with Rajender Singh in full payment on dated

17.02.2022 for 1 ki2a plot share no. 63 and 64 total rakba 200 sq yards khewat no.66 khatoni no. 107 for total Rs.8,60,000/- out of total amount Rs.2,60,000 cheque no. 125861 dated 14.02.2022 Punjab Na-onal Bank Kurukshetra Rs.6,00,000/- RTGS through Axis Bank was sent to the Federal Bank account of Rajender Kumar Railway Road Thanesar. The aforemen-oned amount was received from my mami Mukesh Rani and a=er showing the plot measuring 200 square yards at Darrakhurd, Kuber Nagar told her that you are the owner of this plot and can use it in whatever manner you like. Similarly an agreement dated 17.05.2022 was entered into by the accused persons through Rajender Singh in favour of the wife of the complainant Krishana Rani of a plot no.55 and 56 share darakhurd Kuber Nagar measuring 162 sq yards Rs.4200 per sq. yard for an amount of Rs. 6,80,400/- out of which Rs.2,88,500/- was given through cheque No.000592 Bank of Baroda account no. 65730100xxxxxx to UTR no BARBR 5202592 to the bank account of Rajender Kumar S/o Sh. Baldev Singh account Rs.3,91,900/- received in cash and said that once the registry is done we will get the registry and also showed a plot to the complainant and his wife at Kuber Nagar and said that you have become the owner of the same. It is further alleged that the accused persons entered into four different agreements with the complainant for plot no.17, Darrakhurd, Kuber Nager at the rate of Rs. /- for Rs.8,23,200/- out of which 3,86,400/- was paid through cheque no 00041, bank account number 65730100xxxxxx BARBR Rs 520241 UTR no of Baroda and Rs. 4,36,800/- was received in cash. All the above men-oned agreements were entered into by Jasvinder Kaur and Rani through accused Rajender Singh whereas, all the accused persons used to be present at the -me of agreement and all the accused persons used to have the knowledge of each of the agreement as to which plot number has been sold to whom and how much amount has been received". On these allega-ons the above noted FIR was registered against the present accused-pe--oner and his co-accused."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family. order/judgment. 2

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

¶6Pre-trial incarcera on should not be a replica of post-convic on sentencing. The evidence might be prima facie sufficient to launch prosecu on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an cipatory bail. An analysis of the above does not jus fy custodial interroga on or pre-trial incarcera on.

¶7The Police did not arrest the pe

oner; if they intended to arrest the pe

oner, it was not impossible. A perusal of the reply does not point out the steps taken to arrest the accused.

¶8Given the above, the penal provisions invoked 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 custodial interroga on or the pre-trial incarcera on at this stage. Without 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.

¶9Given above, provided the pe

oner is not required in any other case, the pe

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

¶10While 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 aEes ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11This order is subject to the pe

oner's complying with the following terms.

¶12The peoner is directed to join the invesgaon 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 Invesgator. The pe

oner shall be in deemed custody for Sec 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe

oner shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe

oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶13The necessary steps, such as interroga ng the pe

oner, must be taken to recover the money. If the inves gator fails to recover the money, the State shall be at liberty to file an applica on for cancella on of this bail.

¶14The pe

oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe

oner 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.

¶15In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe

oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶16This 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 be at liberty to cancel this bail.

¶17Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶18A 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 aEest it to be a true copy. If the aEes 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 aEes

¶19Pe//on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

29.11.2024 Jyo -II

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.11.2024 Pronounced on: 29.11.2024 Naresh Kumar ...Pe!!oner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ni!n Kumar Sharma, Advocate, for the pe!!oner. Mr. Vikrant Pamboo, Sr. DAG, Haryana. ****