Punjab-Haryana High Court
Anil vs State Of Haryana on 24 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:140176
CRM-M-10530-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-10530-2024
Reserved on: 16.10.2024
Pronounced on: 24.10.2024
Anil ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Mohan Sheoran, Advocate and
Mr. Vinay Singh Rathee, Advocate,
for the pe oner.
Mr. Ashish Bishnoi, DAG, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta0on Sec0ons 508 01.07.2023 Kundli, Dis,. Sonipat 34, 379-B IPC (Sec ons 120-B, 201, 411 IPC added later on)
1. The pe oner incarcerated in the FIR cap oned above had come up before this Court under Sec on 439 CrPC, seeking regular bail.
2. In paragraph 10 of the bail pe on and as per the custody cer ficate dated 14.10.2024, the accused has the following criminal antecedents:
Sr. No. FIR Dated/Year Offenses Police Sta0on
No.
1. 1156 2019 379-B IPC Sonipat
2. 379 18.07.2023 395, 397, 412, 120-B IPC, Kharkhoda, Sonipat
25/54/59 of Arms Act
3. The facts and allega ons are being taken from the reply filed by the State in CRM-M-16317-2024 tled as Dheeraj Vs. State of Haryana, which reads as follows:
"2. That the instant FIR came into being on the basis of complaint made by complainant Ni sh Kumar son of Shri Lalan Yadav, resident of Khempur, District Samas pur, Bihar, sta ng therein that he is employed as driver on the truck of Parminder Singh son of Suchha Singh, resident of Sherpur Sekh, District Jalandhar, Punjab for the last 3-4 months. On 28.06.2023, a1er loading 30 tons of rice in Truck bearing registra on 1 1 of 6 ::: Downloaded on - 29-10-2024 13:17:43 ::: Neutral Citation No:=2024:PHHC:140176 CRM-M-10530-2024 No.UP-33AT-7960 from Taran Tarn, Punjab, he had started for Alipur, Delhi and he was alone in the said truck. He further stated that during the night of 30.06.2023, at about 12.00 midnight, he had stopped the said truck village Jan turn, G.T. Road, Kundli. In the mean me, 2/3 persons opened the window of his Truck and entered into the said truck and started inflic ng injuries to him with kick and fist blows. One person out of the assailants pressed her neck and pushed him down and therea1er, they while giving bea ngs to him took his truck to an abandoned place, where they boarded him in a white color Car a1er tying him and le1 away him at an unknown place. The said persons forcibly snatched his vehicle along with the rice loaded in the same. They also took away his mobile phone bearing No.9781824122, his Aadhar Card, his driving licence and original documents of said truck. Therea1er, he took mobile phone of some passerby and made phone call to his employer namely Parminder Singh, upon which his employer came from Punjab. The complainant further stated that he can iden fy the assailants, if brought before him. With these allega ons, the complainant sought for legal ac on against the culprits. On receipt of above informa on, instant FIR was registered and inves ga on was set into mo on."
4. The 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.
5. The State's counsel opposes bail and refers to the reply.
6. It would be appropriate to refer to the following por ons of the reply filed in CRM-M-16317-2024, tled as Dheeraj Vs. State of Haryana, which read as follows:
"11. That it is submi@ed that there is sufficient evidence against the pe oner to connect him with the commission of above men oned offence. The present pe oner had ac vely par cipated in the commission of above men oned offence. On 30.06.2023, he along with co-accused Anil @ Kaku, Deepak @ Bhoria and Gurnam had hatched to conspiracy to snatch the truck loaded with goods from G.T. Road, Kundli and therea1er to sell the snatched truck. In execu ng of that mee ng of minds, pe oner along with co-accused boarded in Car bearing No.HR-26DL-9325 of Anil and kept on searching for the truck at G.T. Road. At about 12.00 midnight, they found the truck of complainant parked near Jan turn at G.T. Road, 2 2 of 6 ::: Downloaded on - 29-10-2024 13:17:43 ::: Neutral Citation No:=2024:PHHC:140176 CRM-M-10530-2024 Kundli, upon which co-accused Gurnam, Anil and Deepak entered into said truck, whereas pe oner Dheeraj kept on siFng in their Car and co- accused Anil, Deepak and Gurnam gave bea ngs to complainant and started from there in the said truck with complainant and at that me, the said truck was being followed by pe oner Dheeraj in their Car. A1er reaching at a lonely place, they stopped and boarded complainant in said Car. Therea1er, co-accused Deepak handed over the driving licence, Aadhar Card and documents of truck to pe oner Dheeraj. Therea1er, Gurnam and Anil took away the loaded truck from there and pe oner Dheeraj along with Deepak had le1 complainant at an abandoned place near village Halalpur, Sonipat. Therea1er, they got sold the rice bags loaded in snatched truck through co-accused Sachin @ Situ and Pawan @ Pona for Rs.5,60,000/-, out of which Rs.60,000/- were retained by accused Sachin and Pawan @ Pona. Co-accused Sachin had transferred Rs.54,000/- on the Google-Pay (7027535677) of accused Deepak from his Google-Pay (9050535556) and also transferred Rs.93,000/- on Google-Pay (8222823281) of pe oner and remaining amount of Rs.3,53,0000/- was given by them in cash. Therea1er, accused Anil, Deepak, Gurnam and Dheeraj sold the snatched truck for Rs.4.00 lacs to co- accused Farukh, but a1er geFng the truck, Farukh had paid only Rs.2,85,000/- to them and had refused to pay the remaining amount. In this manner, total amount of Rs.7,85,000/- had come to them, out of which, Rs.1,96,000/- had come to the share of pe oner/accused Dheeraj. All these facts were also admi@ed by pe oner in his disclosure statement, pursuant to which, he got recovered Rs.75,000/- in cash and also got demarcated the place of occurrence, the place where they had hatched the conspiracy to snatch the loaded truck and the place, where they had le1 the complainant at an abandoned place. In this manner, pe oner had ac vely par cipated in the commission of above men oned serious crime.
12. That pe oner was duly iden fied by the complainant at the me of test iden fica on parade as well as while deposing on oath when he stepped into the witness box before learned trial Court, to be one of the assailants, who had commi@ed the above men oned offence of snatching. Only four witnesses are le1 to be examined and all the prosecu on witnesses have been ordered to be summoned by the learned trial Court and as such, trial is likely to be concluded in near future and if enlarged on bail, pe oner can hamper the Trial by absconding from the process of law. Merely on the basis of longevity of incarcera on, present pe oner is 3 3 of 6 ::: Downloaded on - 29-10-2024 13:17:43 ::: Neutral Citation No:=2024:PHHC:140176 CRM-M-10530-2024 not en tled to seek the concession of bail as a ma@er of right. Thus, keeping in view the seriousness of offence, role of pe oner in the present case and facts and circumstances of the case, he is not en tled to the relief of bail as claimed for. In the present case, accused Deepak, Anil, Dheeraj, Gurnam and Farukh are in custody, whereas accused Sachin @ Situ and Pawan @ Pona are on bail."
7. Pre-trial incarcera on should not be a replica of post-convic on sentencing. There is sufficient primafacie evidence connec ng the pe oner with the alleged crime. However, as per paragraph 3 of the bail pe on, the pe oner has been in custody since 01.09.2023. As per the custody cer ficate dated 14.10.2024, the pe oner's total custody in this FIR is one year, one month and fourteen days. Given the penal provisions invoked viz-a-viz pre-trial custody, 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 further pre-trial incarcera on at this stage.
8. 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.
9. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the concerned Court and due to unavailability before any nearest Illaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.
10. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details:
1. AADHAR number
2. Passport number (If available) and when the a,es ng officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. This order is subject to the pe oner's complying with the following terms.
12. The 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 4 4 of 6 ::: Downloaded on - 29-10-2024 13:17:43 ::: Neutral Citation No:=2024:PHHC:140176 CRM-M-10530-2024 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.
13. Given the background of allega ons against the pe oner, it becomes paramount to protect the vic m, and their family members, as well as the members of society, and incapacita ng the accused would be one of the primary op ons un l the filing of the closure report or discharge, or acqui,al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric on is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanc on]. Given the nature of the allega ons and the other circumstances peculiar to this case, the pe oner shall surrender all weapons, firearms, and ammuni on, if any, along with the arms license to the concerned authority within fiIeen days from release from prison and inform the Inves gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe oner shall be en tled to renew and take it back in case of acqui,al in this case, provided otherwise permissible in the concerned rules. Restric ng firearms would ins ll confidence in the vic m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea ng the offense.
14. The condi ons men oned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail condi ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor onal to the purpose of imposing them. The courts, while imposing bail condi ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi ons that would result in the depriva on of rights and liber es must be eschewed."
15. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
16. A 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.
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17. Pe00on allowed in terms men oned above. All pending applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
24.10.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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