Punjab-Haryana High Court
Rajan Kumar Yadav @ Raju vs State Of Punjab on 20 February, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2025:PHHC:025112
CRM-M-57138-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-57138-2024
Reserved on: 13.02.2025
Pronounced on: 20.02.2025
Rajan Kumar Yadav @ Raju ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Navinder Jit Singh Dandiwal, Advocate,
for the pe oner.
Mr. Akshay Kumar, AAG, 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 Sec on 25 of Arms Act
1. The pe oner incarcerated in the FIR cap oned above had come up before this Court under Sec on 483 of Bhara ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. As per Annexure P-4 annexed with the bail pe on, the accused has the following criminal antecedents:
Sr. No. FIR No. Dated Offenses Police Sta1on 1. 210 12.09.2013 399, 402 IPC Mo Nagar 2. 186 23.08.2019 457, 380, 411 IPC Focal Point Ludhiana 3. 202 28.11.2020 457, 380 IPC Focal Point Ludhiana 4. 203 29.11.2020 457, 380, 411 IPC Focal Point Ludhiana 5. 225 20.12.2020 457, 380, 411 IPC Focal Point Ludhiana 6. 105 11.05.2024 379-B (2), 411 IPC Focal Point Ludhiana
3. The facts of the case are being taken from translated copy of FIR, which is annexed with the pe on as Annexure P-1, which reads as follows:
"SHO Police Sta on 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 1 1 of 4 ::: Downloaded on - 23-02-2025 01:13:51 ::: Neutral Citation No:=2025:PHHC:025112 CRM-M-57138-2024 Singh No:3792/ Ldh, CT. Sa nderpal 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 separa on 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 Sta on 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 cap ve 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 Maru 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 Maru car. The informa on is firm and reliable. By doing so an offense under Sec ons 342, 397, 450, 452, 148, 149 IPC, 25/54/59 has been commi<ed. Ruqa is sent CT, Sa nderpal Singh No: 3400/Ludhiana by geHng typed and printed out from printer, is sent to the police sta on 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."2
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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. He further submits that pe oner 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. Pe oner met with an accident and he could not appear in the Court on 20.12.2023 and ul mately he was declared proclaimed offender on 16.03.2024.
5. The State's counsel opposes bail.
REASONING:
6. Pe oner 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. Pe oner met with an accident and he was not present in the Court on 20.12.2023 and ul mately he was declared proclaimed offender on 16.03.2024.
7. The pe oner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condi on that the pe oner shall not remain absent from the trial even on a single day.
8. 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.
9. 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.
CONDITIONS:
10. 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 Ilaqa 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.
11. 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 aLes ng officer/court considers it appropriate or 3 3 of 4 ::: Downloaded on - 23-02-2025 01:13:52 ::: Neutral Citation No:=2025:PHHC:025112 CRM-M-57138-2024 considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
12. This order is subject to the pe oner's complying with the following terms.
13. The pe oner shall aLend the Trial on every date and shall not seek any adjournment.
14. The concerned trial court is authorized to delete, modify, or relax any of the above condi ons and shall be competent to do so in accordance with the law.
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 aLest it to be a true copy. If the aLes 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 aLes ng bonds.
17. Pe11on allowed in terms men oned above. All pending applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
20.02.2025
Jyo1-II
Whether speaking/reasoned: Yes
Whether reportable: No.
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