Tavrej v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-33001-2025 Date of decision:18.08.2025 Tavrej ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Mohan Singh Rana, Advocate for the petitioner. Ms. Himani Arora, DAG, Haryana.

...

Manisha Batra, J. (Oral).

1.

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking grant of regular bail in case bearing FIR No.84 dated 18.04.2024, registered under Sections 392, 34 IPC at Police Station New Colony, District Gurugram.

2.

The above mentioned FIR was registered on the basis of a complaint lodged by the complainant - Seema Rani on 18.04.2025 alleging that on the same day, she was going towards her school on foot. When she reached near lane No.8, one unknown person came from behind and told her that their sir who was standing near the park was calling her. On his asking, the complainant reached near the park. One person was found standing there who told her that a female was stabbed on the last day and her jewellery was

-2snatched. He advised her to take off the jewellery, she was wearing and keep it in her purse and otherwise fine will be imposed upon her. One of them then applied oil on her hands and took off the bangles and ring worn by the complainant. Thereafter he took her bangles, diamond ring, mangalsutra and bracelet that she was wearing and told her to keep the same in her purse. The complainant did so but then those persons advised her to wrap her jewellery in some paper and give paper to her. She took her jewellery out and thereafter pushing her and snatching her jewellery, they escaped on a motorbike.

3.

After registration of FIR, investigation proceedings were initiated. CCTV footage of the camera installed in the vicinity was taken. The petitioner and co-accused were nominated on the basis of secret information. The petitioner was arrested on 16.12.2024. The co-accused were also arrested. Investigation now stands completed. 4.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since long. The coaccused has since been extended benefit of bail. The test identification parade was defective. Challan stands presented. Trial will take considerable time to conclude. His further incarceration would not serve any useful purpose. His involvement in other cases cannot be considered to be a reason for denying bail to him. It is, therefore, urged that he deserves to be released on bail.

5.

Status report has been filed. It is argued by learned State counsel that keeping in view the antecedents of the petitioner and nature of the allegations as levelled against him, he does not deserve to be extended

-3the benefit of bail.

6.

I have heard rival submissions made by learned counsel for the parties.

7.

The petitioner along with co-accused is alleged to have robbed the complainant of her jewellery and then escape with the same. He is in custody since 16.12.2024. The co-accused has been extended benefit of bail. The trial will take considerable time to conclude. No useful purpose is going to be served by keeping the petitioner in custody anymore. Keeping in view the period of incarceration suffered by the petitioner, on parity, and in view of the above facts, but without meaning to make any comment on the merits of the case, this Court is of the considered opinion that the petition deserves to be allowed.

Accordingly the same is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bonds and surety bonds by two sureties in the like amount to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. He shall disclose his present as well as permanent address before the learned trial Court at the time of furnishing of bonds and shall also give copy of his Aadhar Card, PAN Card, if any and details of his mobile phone number(s) to the learned trial Court and in case, any change in his address or mobile phone number(s) takes place, then he shall inform about the same to the learned trial Court in advance.

8.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law. 9.

Since the main petition has been allowed, pending application,

-4if any, is rendered infructuous.

10.

This order shall come into force from the date it is uploaded on this Court's official webpage.

(MANISHA BATRA) 18.08.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No