Jahid v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 21.07.2025 Jahid ....Petitioner

Versus

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

Present:

Mr. S.K. Bawa, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.211 dated 15.12.2023 under Sections 148/149/186/332/353/379/188/307 of IPC, Section 21(1) of Mines and Minerals Act and Section 3 of Prevention of Damage to Public Property Act registered at Police Station Bichhor, District Nuh Haryana.

2.

On 29.05.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner inter alia contends that in fact the brother of the petitioner is a whistleblower who called to the jurisdictional police on 112 i.e. the police helpline number and also prepared a video in which some person seen extracting the mineral through illegal mining. The local police under the influence of real culprits have got the FIR (supra)

registered. Further, there is no specific role attributed to the petitioner and similarly situated co-accused, namely, Sahil, has been granted the concession of anticipatory bail by this Court vide order dated 15.05.2025 passed in CRMM 19819-2025 titled as 'Sahid Vs. State of Haryana ' (Annexure P-8).

Notice of motion.

On the asking of the Court, Ms. Geeta Sharma, DAG, Haryana, who is present in Court, accepts notice on behalf of the respondent-State.

In the meantime, keeping in view the 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, at the first instance, the petitioner is directed to appear before the Investigating Officer within two weeks from today and on his doing so or in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioner shall cooperate with the Investigating/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.).

If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Investigating/Arresting Officer and direct him to join the petitioner in investigation, in terms of the order

of this Court.

Adjourned to 21.07.2025.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court."

3.

Learned State counsel, on instructions from ASI Yogesh, 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 29.05.2025 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 21.07.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No