Lovely v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 44 23.02.2024 Bast Bawa Khel, Tehsil & 307, 341, 323, 324, 506, 148 Dis2. Jalandhar (Punjab) & 149 IPC

¶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 16 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons are being taken from the reply filed by the State, which reads as follows: "2.1) That the complainant Juber son of Aish Mohammad has got registered the case with the allegatons that they are working in Leather Complex and Chand is youngest aged about 16 years, whereas Raja is aged about 16 years is his maternal uncle's son who came to meet them in the factory on 22.02.2024. A+er meetng them, they were returning to their home. At about 06:30 PM, when they reached in front of Prime Bonus Factory, then two young boys rammed their motorcycle in to them and there was an altercaton. The boy named Tushar Kapoor was driving the motorcycle and they have also abused them. At about 07:30 PM when complainant reached near Bast Peer Daad, then both those boys along order/judgment. 1 with other 4-5 unknown persons waylaid them and a7acked them. They were loudly saying that complainant party be taught a lesson for disputng with them. Tushar Kapoor caught hold of the complainant from his arms and scuffled with him and raised exhortaton to the present pettoner that complainant party not be spared. 2) That the complainant further alleged that the pettoner gave datar blow on the head of younger brother of complainant namely Chand and second blow towards the head of Raja, whereas other unknown boys also gave injuries on different parts of body of his brother. Due to injuries by the pettoner and other unknown boys, both brothers of the complainant started bleeding profusely and fell on the ground and then Tushar Kapoor and other unknown boys also inflicted the injuries with an intenton to commit their murder and a+erward ran away with their respectve weapons."

¶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.

¶5The State's counsel opposes bail and refers to the reply. Counsel for the complainant submits that the ma2er has been compromised and he has no objecton in case, bail petton is allowed and refer his statement made on 16.01.2025.

¶6It would be appropriate to refer to the following portons of the reply, which read as follows: "3. INJURIES INFLICTED BY PETITIONER 1) That the pettoner has inflicted injuries with datar upon the person of the victm Chand which has been found to be grievous in nature, as there is linear fracture of bilateral parietal bone with overlying soF tssue hematoma and thickening. 2) That due to the nature of injuries offence under secton 326 of Indian Penal Code, 1860 was also added vide DDR No.25 dated 06.08.2024.

¶4RECOVERY OF WEAPON USED IN COMMISSION OF OFFENCE That the injury a2ributed to the pettoner is with the help of means of datar and he was also member of an unlawful assembly, who tried to commit murder and the weapon used in the commission of crime have yet to be recovered. Therefore, the custodial interrogaton by the police of the pettoner is necessary." order/judgment. 2 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 analysis of the nature of allegatons, factum of compromise and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage. Without 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.

¶9Given above, provided the pettoner is not required in any other case, the pettoner shall be released on antcipatory bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the ma2er 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.

¶10While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the a2estng 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 pettoner's complying with the following terms.

¶12The 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 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.

¶13The 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.

¶14In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶15This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶16The 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.

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

¶18A 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 a2est it to be a true copy. If the a2estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a2estng bonds.

¶19Petition allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.02.2025 Jyoti-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 Lovely ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Umesh Kumar, Advocate for Mr. Sanjeev Singh Taank, Advocate, for the pettoner. Mr. Jasjit Singh, DAG, Punjab. Mr. Kunal Goyal, Advocate, for the complainant. ****