Sanjay Alias Bablu v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on: 18.02.2025
Pronounced on: 28.02.2025 Sanjay alias Bablu
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Bhisham Kumar Majoka, Advocate for the petitioner.
Mr. Aashish Bishnoi, DAG, Haryana.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 10.11.2023 Sector 29, Panipat, District 379-B & 201 r/w Panipat 34 IPC 1.
The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 BNSS, seeking regular bail. 2.
In para 9 of the petition, accused declares that he has no criminal history. 3.
The facts and allegations are being taken from the translated copy of FIR, which reads as follows:
"To the SHO, Police Station Sector 29, Panipat. Sir, I humbly request that I, Mahant Yogi Ranveer Nath, son of Guru Peer Ratan Nath ji, resident of WZ-9, Street No. 18 Gomteshwar Nath Mandir, New Mahavir Nagar Krishna Park Extension Tilak Nagar New Delhi 110018, yesterday on 09.11.2023 I came from Delhi to Raj Nagar Panipat for my work, which I sit in e-rickshaw at 11.45 PM at night from Raj Nagar to Siwah Bus Stand, when I reached a little ahead of Anaaj Mandi Bridge, the e-rickshaw broke down, so I got down from the e-rickshaw and started walking on foot, so today on 10.11.2023 time 12.30 AM, about 100 meters behind the liquor shop Nangal Khedi, on Panipat Delhi Road, a man kicked me in the waist from behind, so I fell and went down in the mines, then two boys caught my hands and one boy hit the knife in his left hand and the fourth boy slapped and punched me on my chest and body, then they 75 thousand
rupees and my black colour Samsung mobile phone with two sim numbers 7042021917 Airtel and the other 7827448609 Jio were forcibly snatched from my pocket. Four boys whose names and addresses are unknown, beat me up and snatched my money and mobile phone. Legal action should be taken against them."
4.
The petitioner's counsel submits that petitioner has undergone more than one year of custody. He further prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5.
The State's counsel opposes the bail.
REASONING:
6.
As per paragraph 4 of the petition, petitioner is in custody since 04.12.2023 and accordingly, he has undergone approximately 01 year, 02 months of custody in this FIR. 7.
Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this stage. 8.
Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 9.
Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 10.
While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1.
AADHAR number 2.
Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.
3.
Mobile number (If available) 4.
E-Mail id (If available) 11.
The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner 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.
12.
This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 13.
Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 14.
A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 15.
Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 28.02.2025 anju rani Whether speaking/reasoned: Yes Whether reportable:
No.