Salim v. State Of Haryana
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 08.09.2025 Salim . . . Petitioner(s)
Versus
State of Haryana . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Rosi, Advocate for the petitioner(s).
Mr. PK Jhanda, Sr. DAG, Haryana.
**** SANJAY VASHISTH , J. (Oral) 1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner (s) FIR No.
Date Section(s) Police Station District Salim 168 17.05.2025 5, 13(2) of Haryana Sadar Nuh Nuh Gauvansh Sanrakshan and Gausamvardhan Act, 2015 2.
On 23.06.2025, following order was passed:- "1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No.
Date Section(s) Police Station District Salim, aged about 30 years 17.05.2025 5, 13(2) of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 Sadar Nuh Nuh 2.
Learned counsel for the petitioner submits that, as per the allegations, police received secret information against three individuals, (1) Salim (the petitioner herein), (2) Nafish, and (3) Asgar, regarding their
- 2 - involvement in illegal cattle transportation for slaughter. Acting upon this information, police conducted raid at the disclosed location and found 14 oxen and 1 cow tied to a keekar tree, allegedly intended to be taken to a slaughterhouse. It is further alleged that, upon the arrival of the police party, all three accused were seen fleeing from the spot and managed to escape by taking advantage of the uneven terrain and the surrounding crops. 3.
Counsel for the petitioner further contends that such allegation is false in nature. Admittedly, all the accused were identified by the police as they were already known to them. Once, secret information was there, it could be expected that raid was conducted after visualizing all the aspects and consequences, and therefore, in normal course, it could not be possible for the accused to run away from the spot.
Learned counsel further submits that a large number of animals were found at the spot, and merely on the basis of suspicion, petitioner has been falsely implicated in the present case.
4.
Counsel for the petitioner also submits that once, admittedly 14 oxen and one cow tied with keekar tree have been recovered from the spot, no purpose is left to apprehend the petitioner to be subjected for custodial interrogation.
5.
By referring to paragraph No.8 of the petition, counsel submits that in four other cases registered against the petitioner, he is on bail and has not been convicted in even one of those cases. Allegations are yet to be proved beyond doubt, thus, prays for grant for anticipatory bail to the petitioner in the present case.
4.
Notice of motion.
5.
On advance notice, Mr. Rajiv Sidhu, DAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
6.
Adjourned to 07.09.2025.
7.
In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court." 3.
Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 23.06.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.
4.
Learned State counsel on instructions, confirms the said averment made by learned counsel for the petitioner of joining the investigation on 23.07.2025, by the petitioner, and submits that as of now,
- 3 - custodial interrogation of the petitioner is not required for the purpose of investigation.
5.
Heard learned counsel for the parties.
6.
Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 23.06.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
7.
Accordingly, petition stands disposed of.
Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE September 08, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No