Ahshan v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.217 Case No. : CRM-M-26754-2025 Decided On : May 26, 2025 Ahshan ....
Petitioner vs.
State of Haryana ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. Anshul Khurana, Advocate for the petitioner.
Mr. Karan Garg, AAG, Haryana.
* * * SUKHVINDER KAUR , J.
:
Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.42 dated 23.04.2025, under Sections 3, 13(3), 8, 13(1) of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, registered at Police Station Uttawar, District Palwal.
The brief facts of the present case, as per prosecution version, are that on 23.04.2025, on the basis of secret information, house of the petitioner was raided and cow-meat (beef) weighing 02 kilograms and 700 grams was recovered from the said house. However, the petitioner managed to flee and thereafter, the aforesaid FIR was registered against the petitioner. Learned counsel for the petitioner contended that the petitioner has been falsely involved in the present case and he was not apprehended at the
spot. He has further contended that recovery in this case has already been effected and as such, his custodial interrogation is not required. He has further submitted that the petitioner is ready and willing to join investigation, so, he be granted concession of anticipatory bail. Notice in this case was issued on 15.05.2025 and Status Report was called from the State, which has been filed today in Court and is taken on record.
Per contra, learned State counsel has contended that recovery of beef had been effected from the house of the petitioner and custodial interrogation of the petitioner is required to gather further information regarding the alleged recovery from his house. So, he does not deserve concession of anticipatory bail.
Heard.
In the present case, on the secret information, raid was conducted at house of the petitioner and beef weighing 02 kilograms and 700 grams was allegedly recovered from his house. The accused was not apprehended at the spot. The alleged recovery effected from the house of the petitioner is also small quantity of beef i.e. 02 kilograms and 700 grams. As per the Status Report, no other criminal case is pending against the petitioner and he is not having any criminal antecedents. As the alleged recovery in this case has already been effected, the custodial interrogation of the petitioner is not hence required for any purpose and no useful purpose would be served by sending the petitioner behind the bars. Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of arrest, the petitioner is ordered to
be released on bail, on furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard. The petitioner shall also abide by the conditions mentioned in Section 482(2) of the BNSS.
However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. May 26, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.