Vikas Kumar v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 13.08.2025 VIKAS KUMAR ...PETITIONER

VERSUS

STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rajesh Kumar Kashyap, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana.

**** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police Station Sections 07.07.2025 Naggal, District 305 of BNS, 2023 Ambala 1.

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2.

Per paragraph 16 of the bail application, the accused has the following criminal antecedents:

Sr. No.

FIR No.

Date Offenses Police Station 1.

01.09.2023 379 IPC (Section 411 IPC added later on) Ambala City 2.

24.06.2025 305 BNS, 2023 Sadar Ambala 3.

The facts and allegations are being taken from the translated copy of FIR (Annexure P1), which reads as follows: "Sir, it is requested that I Rai Singh son of Shri Surata Ram resident of village Saini Majra district Kurukshetra am a resident and do farming. Our land falls in the village Jansui area. On 02-07-25 at around 2.45 PM, I went to my field on my motorcycle no. HR41G-1245 with tea. I parked my motorcycle on the roadside near my field and went to the field. Meanwhile two unknown boys wearing a yellow turban stole my motorcycle. The colour of my motorcycle is blue, brand HF- DELUXE, model 2014. Its engine no. is HA11EGE08508 and chassis no. MBLHA11ACE9G06359. I searched for my motorcycle on my own but could not find it anywhere. Legal action should be taken against these unknown boys and my motorcycle should be recovered."

-24.

Counsel for the petitioner submits that the petitioner is 19 years of age and he has been falsely implicated in the present FIR. The petitioner's counsel prays for bail by imposing any stringent conditions including surrender of fire arms, if any. In case, he repeats the offence or commit any offence, where the sentence is more than 07 years, he would have no objection, if State files an application for cancellation of his bail. He further contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5.

The State's counsel opposes bail on instructions. REASONING:

6.

Petitioner is 19 years of age and he has been not named in the present FIR as it was registered against unknown persons. Allegation is of theft of motor cycle. 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 pre-trial incarceration. 7.

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. This order shall come into force from the time it is uploaded on this Court's official webpage. 8.

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. 9.

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) 10.

This order is subject to the petitioner's complying with the following terms. 11.

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

-3to 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.

12.

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.

13.

The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner's behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 14.

This bail is conditional and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of bail in all FIRs pending against the petitioner before the concerned 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.

13.08.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No