Mejar Ram v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision: 03.07.2025 Mejar Ram
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Mayur Karkra, Advocate for the petitioner.
Ms. Trishanjali Sharma, D.A.G., Haryana.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 01.04.2025 Kaithal Sadar, 204/205/308(7) BNS District Kaithal 1.
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.
In paragraph 24 of the bail petition, the accused declares that he has no criminal antecedents.
3.
The facts and allegations are being taken from the reply filed by the State, which reads as follows:
"2.
That briefly the facts are that on 31.03.2025, Assistant Sub-Inspector Sanjay alongwith other police officials was present near Anaj Mandi on Budhakhera Road from village Baba Ladana. In the meanwhile, a secret informer gave information that about 4-5 persons, one of them is wearing a police uniform, in a white colour car on the bridge of Budhakhera to Sangatpura Road are extorting huge amount from people by threatening them of involving in false cases. If raid is conducted, they could be apprehended. On this information, a raiding party reached the spot and apprehended three persons and two persons fled away from the spot in the said car. On being asked the three apprehended boys disclosed their names as Gurvinder Singh @ Guri s/o Nirmal Singh r/o Lander Kima Dera, Gurpreet
Singh son of Jagir Singh r/o Lander Kima Dera, Biru Ram son of Chodhri Ram r/o Kharka. And they further disclosed that the two persons who fled away in Car are Rana and Majer (present petitioner) of Kharka. Gurpreet Singh who was wearing police uniform of ASI with one star on uniform shoulder and wearing blue cap and red belt but without any name plate and carrying stick and torch in hand and wore sports shoes when asked to how his identity card but he failed to show the identity card. The police uniform along with stick, torch, belt and cap were taken into possession from accused Gupreet and were converted into parcel and sealed. On this, the present FIR was registered."
4.
The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5.
The State's counsel opposes bail and refers to the reply. 6.
Allegations against the petitioner are that he along with co-accused in police attire were extorting money from people by threatening them of involving in false cases. This Court wants to afford an opportunity to the petitioner to course correct as he is a first offender.
7.
Pre-trial incarceration should not be a replica of post-conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pretrial incarceration. 8.
Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. 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 anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/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.
This order is subject to the petitioner's complying with the following terms. 12.
The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.
13.
In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 14.
This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 15.
Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16.
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.
17.
Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 03.07.2025 Whether speaking/reasoned: Yes Whether reportable:
No.