Deepak Soni v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 194 06.05.2024 Model Town, Dis.. Rewari 406, 420 IPC

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 438 CrPC, seeking an!cipatory bail.

¶2In paragraph 11 of the bail pe!!on and as per para 11 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

¶1172 01.07.2024 363, 366, 376, 342, 506, 120-B IPC City Rewari

¶223 20.02.2014 379, 336, 232 IPC GRP, Rewari

¶3309 10.05.2022 188 IPC and Sec!ons 13, 3, 67 G Model Town Act

¶3The facts and allega!ons are being taken from the reply filed by the State, which reads as follows: "4. That the facts forming genesis of the present case are that the law was set in moton on the basis of wri:en complaint moved by complainant namely Sri Nath Verma son of Dr. D.P. Verma, resident of Sri Nath Jewelers, Model Town, Rewari wherein he has contended that Kavita (pettoner) had purchased jewellery from them amountng to Rs.10,94,415/-. She (Kavita) had disclosed them that she is resident of Flat No.103G, Manchanda and also Village Motla Kalan. At the tme of purchase, she paid Rs.2,00,000/- in cash and for remaining payment, she order/judgment. 1 asserted to make the payment through RTGS or cheque. When the complainant presented the said cheque in bank, then the same got dishonored. Kavita did not make any payment through RTGS. When the complainant used to demand his money, then Kavita used to threaten to kill them and use to send goons to their shop. When the complainant party visited her flat, then the guard stopped them from entering inside. She is threatening the complainant party on the name of police, advocates and goons and also used to threaten them to implicate them under some serious allegatons. She purchased the jewellery on

01.11.2023. So, complainant has requested to take legal acton in the ma:er. Upon this complaint, present FIR has been registered against the pettoner."

¶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 their family.

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

¶6It would be appropriate to refer to the following por!ons of the reply, which read as follows: "9. That on dated 01-01-2025 a notce was given to the pettoner for joined the investgaton in the present case on 03-01-2025 and as per the directon by this Hon'ble Court, on dated 03-01-2025 pettoner has joined the investgaton in the present case and also admi:ed his involvement in the present crime and he stated that co-accused Kavita gave me artcles and I was sale all the artcles to unknown person and amount was received from the unknown person, I was spent on my house hold needed and other way therefore, secton 201 of IPC was added in the present case.

¶10That the pettoner is prime accused in the present case who cheated the complainant with the conspiracy of co-accused Kavita and the pettoner sale the cheated artcles to unknown person and even the pettoner was not recovered the amount."

¶7Although, the pe!!oner has criminal history but given the quality of evidence collected against him and coupled with the nature of allega!ons, criminal history would order/judgment. 2

¶8Pre-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.

¶9Given 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.

¶10The pe!!oner's bail shall not be treated as a precedent for gran!ng bail to the other co-accused with a higher role.

¶11Given 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 ma.er 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.

¶12While 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 a.es!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the pe!!oner's complying with the following terms.

¶14The pettoner is directed to join the investgaton 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 Investgator. The pe!!oner shall be in deemed custody for Sec!on 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 eventJYOTI order/judgment. 3 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.

¶15The 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.

¶16In 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.

¶17This bail is condi onal, and the founda onal condi on is that if the pe

oner

indulges in any non-bailable offense, the State shall file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶18Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶19A 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 a.est it to be a true copy. If the a.es 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 a.es ng bonds.

¶20Petition allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.01.2025 Jyo -II order/judgment.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.01.2025 Pronounced on: 28.01.2025 Deepak Soni ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. L.K. Gollen, Advocate, for the pe!!oner. Ms. Harpreet Kaur, AAG, Haryana. ****