Tasim v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on: November 06, 2025 Tasim ......Petitioner
Versus
State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Jaspreet Singh Brar, Advocate, for the petitioner.
Mr. Amish Sharma, AAG, Haryana, Assisted by ASI Kulbir Singh, No. 126 Ambala, PS Mulana. **** SANJAY VASHISTH, J.
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 of Petitioner FIR No.
Date Section(s) Police Station District Tasim 15.05.2025 305 [305(E)] of BNS, Mullana Ambala 2.
On 04.08.2025, 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 Tasim, aged 15.05.2025 Mullana Ambala
about 30 years (305(E) of BNS, 2023 2.
Learned counsel for the petitioner, inter alia, contends that complainant, who is the Sarpanch of the village, lodged a complaint against unknown persons regarding the alleged theft of 2025 eucalyptus trees from the Panchayat forest. 3.
It is submitted that petitioner was not present at the time of the incident, and has not committed any theft. He has been falsely implicated in the present case solely on the basis of the disclosure statements made by co-accused namely Noor Mohammad and Suleman, and no recovery is to be effected from the petitioner. 4.
Further submits that, since the allegedly felled trees have already been recovered by the Investigating Officer, there is no justification for seeking custodial interrogation of the petitioner based merely on the disclosure statements of the co-accused. Moreover, petitioner is willing to join the investigation and fully cooperate with the authorities, if protected from arrest by this Court. Thus, counsel prays for concession of anticipatory bail to the petitioner in the present case.
5.
Notice of motion.
6.
On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter. 7.
Adjourned to 06.11.2025.
8.
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.).
9.
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 04.08.2025, passed by this Court, petitioner has joined the investigation on 10.09.2025, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 4.
Learned State counsel on instructions from ASI Kulbir Singh, confirms the said averment made by counsel for the petitioner of joining the investigation on 10.09.2025 by the petitioner, and submits that
as of now, 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 04.08.2025, 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.
(SANJAY VASHISTH) JUDGE November 06, 2025 Pkapoor Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO