Kosar Ali v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-388-2025 (O&M) Date of decision: 20.02.2025 Kosar Ali ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Keshav Pratap Singh, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana.

Mr. Ashik Ali, Advocate for the complainant.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.551 dated 26.11.2024 under Sections 109(1), 115, 190, 191(3), 333, 351(3), 61(2), 117(1) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') (Sections 61(2) & 117(1) of BNS were added later on), registered at Police Station Yamuna Nagar Sadar, District Yamuna Nagar.

2.

On 20.01.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that admittedly, the petitioner has not caused any injury and no specific role has been attributed to him. The petitioner has been involved in the FIR (supra) only on the basis of suspicion, as two days prior to the alleged

incident, an altercation took place between the petitioner and the complainant. The petitioner is not involved in any other case and is having clean antecedents.

Notice of motion.

Ms. Geeta Sharma, DAG, Haryana, who is present in the Court, accepts notice on behalf of the respondent-State and Mr. Ashik Ali, Advocate accepts notice on behalf of the complainant.

Learned State counsel, assisted by learned counsel for the complainant, opposes the prayer for grant of anticipatory bail to the petitioner on the ground that the petitioner is the main conspirator and there are serious and specific allegations against him.

Adjourned to 20.02.2025.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law."

3.

Learned State counsel, on instructions from ASI Kuldeep Singh, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 4.

In view of the statement of learned State counsel, order dated 20.01.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 20.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No