Ailban Masih @ Alvin Masih v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21546-2025 (O&M) Date of Decision: 19-05-2025 Ailban Masih @ Alvin Masih ........Petitioner(s)

Versus

State of Punjab ........Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rishu Mahajan, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab.

*** ANOOP CHITKARA, J. (Oral) FIR No.

Dated Police Station Sections 6.3.2025 Mehtiana, 333, 115(2), 351(2), 191(2), Hoshiarpur 190 BNS, 2023 1.

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2.

In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.

3.

Petitioner's counsel submits that in case the petitioner is granted bail, he has no objection to imposing of any stringent conditions, including surrender of firearms, and the petitioner further undertakes that during the period of bail, he shall not commit any offence and in case he commits any offence in which the sentence provided is more than seven years, the State shall be at liberty to file an application for cancellation of bail, to which they will not raise any objection.

4.

The State's counsel opposes bail and refers to the reply. 5.

Noticing stiff opposition from the State, the petitioner submits that he be permitted to withdraw the present petition, however, liberty be granted to surrender before the trial Court within a week, and on his doing so, the trial Court be directed to release him on interim bail on filing of bail application. ASHWANI KUMAR 2025.05.26 10:10 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRM-M-21546-2025 -26.

The present petition is disposed of with liberty to the petitioner to surrender before the trial Court on or before 2.6.2025 at 11 a.m. and file application for bail and on his doing so, the trial to consider granting him interim bail after expiry of period of police remand, if any granted. In any case, the interim bail is not granted, the bail petition of the petitioner shall be decided within two days subject to the condition that the petitioner shall not seek any adjournment. It is clarified that the trial Court shall decide the bail petition on its own merit without being influenced by any observations made by this Court.

7.

Petition is disposed of as withdrawn with aforesaid observations. Interim orders, if any, are recalled with immediate effect. All pending applications, if any, are disposed of.

19-05-2025 AK (ANOOP CHITKARA) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO ASHWANI KUMAR 2025.05.26 10:10 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh