Haroon Alias Satta v. State Of Haryana

CRM-M-73699-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-73699-2025 Date of decision : 12.02.2026 Date of uploading : 12.02.2026 HAROON ALIAS SATTA .............Petitioner

Versus

V/S STATE OF HARYANA .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present:

Mr. Diwan S. Adlakha, Advocate for the petitioner.
 

  --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.20 dated 09.02.2017 under Sections 13(2) of the Haryana Gauvansh Sanrakshan and Gau Samvardhan Act, 2015, registered at Police Station Sadar Jagadhri, District Yamunanagar.

2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- "Copy is as follows: To, the SHO, Police Station Sadar Jagadhri Sir, It is submitted that I Ramdhari S/o Ajmer Singh, am a resident of village Kathwala Police Station Sadar Jagadhri District Yamunanagar. A few days ago cattle were stolen from our village; in connection with which I and several people from the village were monitoring/observing the village for the past several days. Today a Mahindra pickup UP19T-1969 was coming from village Chhajjunagala. When we signaled the driver of the vehicle to stop, the driver accelerated the vehicle and stopped it ahead. Upon checking it, we found three cows loaded in it and three persons were sitting therein. On our enquiry, the driver told his name as Rasid S/o Ramzan, caste Rawat Muslim, R/o Jagir Hussain Mohalla Chilkana, and the person at the back told his name as Mohammad Arun alias Sata S/o Istak, caste Qureshi Muslim, R/o village Aajar Hasan Chilkana, police

CRM-M-73699-2025 -2station Chilkana, and the third person told his name as Kurban alias Golu S/o Abbud Shakur, caste Qureshi Muslim, R/o Dudhgarh, police station Chilkana, Saharanpur. These three persons while loading these cows in the vehicle, were taking them to UP for cow slaughter. Legal action be taken against the above three persons. SD/-RAM DHARI Ram Dhari S/o Ajmer Singh Village Kathwala Date 08.02.17 Mob. 94661- 16000." Police proceeding:- Today on 08.02.17 I was present at the police station. received an information through telephone that a Mahindra pickup along with cows and three persons have been caught in village Kathwala, on which information I ASI along with EHC Irshad Ali No.

721 reached village Kathwala; where many people from the village were found present; Ramdhari son of Ajmer Singh, caste Jat, R/o Kathyala, Police Station Sadar Jagadhri, District Yamunanagar, after meeting me ASI, presented an application and Mahindra Pickup UP19T1969 in which three cows were loaded; and produced the above said three persons. From the contents of the application, offence punishable u/s 13(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 is found to be made out and after writing a complaint, the same is being sent to the police station for registration of case through EHC Irshad Ali 721. After registering the case, the number of the case be informed. I ASI am busy in investigation at the spot. Today, Village Kathwala, SD- SURJAN SINGH, Police Station Sadar Jagadhri, Date 08.02.17 AT 1.50 PM.

Today Police Station- On receipt of writing of ASI Surjan Singh through EHC Irshad Ali 721 in the police station, FIR no. 20 dated 08.02.17 under section 13(2) the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 is registered at Police Station Sadar Jagadhri; and copies of the First Information Report were prepared through computer which will be sent to the concerned higher officers through post. The copy police case file along with the original writing is being sent to the investigating officer at the spot for the investigation through EHC. Entry record was done as per the procedure."

3.

Learned counsel for the petitioner has argued that the petitioner was initially arrested on 18.01.2015 and was granted regular bail on the merits of the case on 19.04.2017. Learned counsel has further argued that the petitioner continued to appear till April 2022, but could not appear thereafter on account of illness. The petitioner subsequently came to be declared a proclaimed offender on 10.02.2023, whereafter he was re-arrested on 16.08.2025. Learned counsel for the petitioner has further submitted that the petitioner has been in custody since that date, i.e. 16.08.2025. Learned counsel has further submitted that the similarly placed co-accused, namely Kurban son of Abdul Shakur, has been acquitted vide judgment dated 28.03.2024 passed by the concerned Judicial Magistrate. Thus, regular bail is prayed for.

CRM-M-73699-2025 -34. Learned State counsel seeks to place on record custody certificate dated 12.01.2026 in Court, which is taken on record. 5.

I have heard counsel for the parties and have gone through the available records of the case.

6.

It is not in dispute that the petitioner was granted the concession of regular bail on merits thereof on 19.04.2017, whereafter he continued to appear till 2022. The petitioner has been in custody since 18.01.2025. In the considered opinion of this Court, no useful purpose would be served by the further detention of the petitioner. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 12.01.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 11 months and 7 days and is not shown to be involved in any other case.

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following

CRM-M-73699-2025 -4conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial. 8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) JUDGE 12.02.2026 ja Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No