Rajan Kumar Yadav @ Raju v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 207 20.09.2019 Focal Point, District 342, 397, 411, 450, 452, 148, 149 IPC Ludhiana and Secton 25 of Arms Act

¶1The pettoner incarcerated in the FIR captoned above had come up before this Court under Secton 483 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2As per Annexure P-4 annexed with the bail petton, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta1on

¶1210 12.09.2013 399, 402 IPC Mot Nagar

¶2186 23.08.2019 457, 380, 411 IPC Focal Point Ludhiana

¶3202 28.11.2020 457, 380 IPC Focal Point Ludhiana

¶4203 29.11.2020 457, 380, 411 IPC Focal Point Ludhiana

¶5225 20.12.2020 457, 380, 411 IPC Focal Point Ludhiana

¶6105 11.05.2024 379-B (2), 411 IPC Focal Point Ludhiana

¶3The facts of the case are being taken from translated copy of FIR, which is annexed with the petton as Annexure P-1, which reads as follows: "SHO Police Staton Focal Point District Ludhiana "Jai Hind" Today I, ASI along with ASI Amarjit Singh No:2149/Ldh, ASI Ranjit Singh No: 1455/ Ldh, ASI Balwinder Singh No: 293/ Ldh, HC Pritpal Singh No:1157/ Ldh, HC Amarjit Singh No: 426/ Ldh, HC Ashok Kumar No: 1276/ Ldh:, HC Balkar Singh 3400/ Ldh no:, PHG Gurmeet Singh No: 285/ Ldh, CT. Prabhajit order/judgment. 1 Singh No:3792/ Ldh, CT. Satnderpal Singh No. 29485 including private laptop and printer in the government vehicle Balero No. PB10-GK-0572 of which Driver HC Jasveer Singh No: 1714/ Ldh were present at Jeevan Nagar Chowk focal point on private vehicle for patrolling and checking of suspicious persons then special messenger came to me and told in separaton that Ranjan Kumar alias Cho<u Son Nagina Roy resident of Saravan Colony Ramgarh Ludhiana, Yakir Hussain son of Mujahil Hussain resident of Krishna Vihar Street No. 1 Tibba Road Ludhiana, Rajesh Kumar son of Ram Chandra Street No: 2 Amardas Colony Gyaspura Ludhiana, Shah Rukh resident of Tibba Road Gulabi Bagh Ludhiana, Chandrama Yadav son of Daddi Yadav resident of Village Nidoya Kishanpura Police Staton Bhaji Nagar District Gopalganj Bihar, Santosh alias Ganja resident of Focal Point Ludhiana, Naxi resident of Kuhara, Saravan Kumar resident of Amardas Colony Backside Jain Colony Daba Road Giaspur. Rajan resident of Bihar, Deepak @ Mota resident of Pipal Chowk 100 Feet Road Giaspura Ludhiana have formed a gang to commit theB and robbery in connivance with each other. Earlier cases of theB and robbery are registered against them. They have commi<ed many incidents in different areas of the city and use to enter in the factories, held the workers captve at pistol point beat them, locked them in the room, looted nickel, brass and aluminium, and they sell the Stolen goods to Kulwinder Singh alias Kala S/o Tari Ram resident of village Paglia Bajigar Colony Chandigarh Road Ludhiana and Raman Kumar son of Gulshan Kumar resident of House No. 10, Street No. 9 Himmat Singh Nagar Ludhiana. Ranjan Kumar alias Chhotu, Yakir Hussain, Rajesh Kumar and Sahrukh Shafi by ridding on the Marut car Colour blue No. PB-10X-3955 are coming from Sherpur side and going to sell the looted goods. They have to go towards Kulwinder Singh alias Kala Kwaria to Chandigarh road side by passing through Yard Chowk focal point. If a Naka is installed at Yard Chowk focal point now, then all four may be caught along with the looted goods and Marut car. The informaton is firm and reliable. By doing so an offense under Sectons 342, 397, 450, 452, 148, 149 IPC, 25/54/59 has been commi<ed. Ruqa is sent CT, Satnderpal Singh No: 3400/Ludhiana by geHng typed and printed out from printer, is sent to the police staton through PHG Gurmeet Singh 29485. The case should be registered and informed about the case number. I ASI along with fellow employees going to Install naka at the yard chowk focal point." order/judgment. 2

¶4The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family. He further submits that pettoner was granted bail vide order dated 19.03.2021 but due to custody in other cases, he was released on bail on

20.11.2023. Pettoner met with an accident and he could not appear in the Court on

20.12.2023 and ultmately he was declared proclaimed offender on 16.03.2024.

¶5The State's counsel opposes bail. REASONING:

¶6Pettoner was granted bail vide order dated 19.03.2021 but due to custody in other cases, he was released on bail on 20.11.2023. Pettoner met with an accident and he was not present in the Court on 20.12.2023 and ultmately he was declared proclaimed offender on 16.03.2024.

¶7The pettoner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict conditon that the pettoner 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 allegatons, and the other factors peculiar to this case, there would be no justfiability for further 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 concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned 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 aLestng officer/court considers it appropriate or order/judgment. 3 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.

¶13The pettoner shall aLend the Trial on every date and shall not seek any adjournment.

¶14The 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.

¶15Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A 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 aLest it to be a true copy. If the aLestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aLestng bonds.

¶17Pe11on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

20.02.2025 Jyo1-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.02.2025 Pronounced on: 20.02.2025 Rajan Kumar Yadav @ Raju ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Navinder Jit Singh Dandiwal, Advocate, for the pettoner. Mr. Akshay Kumar, AAG, Punjab. ****