Punjab-Haryana High Court
Amit vs State Of Haryana on 29 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:142391
CRM-M-35809-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-35809-2024
Reserved on: 16.10.2024
Pronounced on: 29.10.2024
Amit ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. Bhumika Khatri, Advocate for
Mr. Sahil Choudhary, Advocate,
for the pe oner.
Mr. Aashish Bishnoi, DAG, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta2on Sec2ons
1491 01.10.2023 City Panipat 364-A, 397, 506, 34 IPC
1. The pe oner incarcerated in the FIR cap oned above had come up before this
Court under Sec on 439 CrPC, seeking regular bail.
2. In paragraph 14 of the bail pe on, the accused declares that he is involved in
one another case. However, as per paragraph 4 (i) of status report, the pe oner was
acqui:ed in this case, vide judgment dated 04.05.2024.
3. The facts and allega ons are being taken from the status report filed by the
State, which reads as follows:
"2. xxx xxx
(i) That 01.10.2023, complainant Rishi S/o Dharampal came present in
Police Sta on City and presented a wri$en complaint inter alia with the
allega ons that he is a resident of village Kadhura, Dhana Baroda, District
Sonipat, and works near Khushiram SK Power Group, Geeta colony,
Railway Road. On 01.10.2023, at around 12.20 am, he had come to the
railway road with two of his friends to buy food items. During this, his
friends went ahead, and he stopped to urinate. In the mean me, two
youths came to him on a bike without a number plate, made Splendor,
showed a pistol like weapon to him, threatened to kill him, and made him
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sit on the bike. Therea0er, they went ahead, stopped the bike near
Sardana Petrol Pump before the police line, Panipat, and conducted a
search of the complainant. When nothing was found, they asked the
complainant to get the money, and otherwise they would eliminate him.
On which he called his boss, expressed his helplessness, and got Rs.5,000/-
deposited from him. Therea0er, one of these boys asked for the password
of the complainant's phone and checked his account himself. Then, a boy
remained standing with the complainant with a pistol-like weapon, and
the other boy went towards Sardana Petrol Pump along with his phone
and bike. He returned in five minutes a0er filling petrol and taking cash.
Therea0er, they again pressured the complainant to get money again.
Therea0er, the complainant made a call to Gopal's mobile number and
talked to Rohit. During the conversa on, the accused persons again
threatened to kill him. Rohit also heard the conversa on and deposited
Rs.4870/- in the complainant's account to save him. During this, they
made him sit on the bike and go towards the petrol pump. A0er reaching
a li$le distance, they stopped the bike. A boy with a pistol-like weapon
stood near him again, and another boy took his phone and went towards
Sardana Petrol Pump on foot. Therea0er, he went to the petrol pump, and
a0er withdrawing the money from his account, he came back and again
made him sit on the bike. Therea0er, they went a li$le distance ahead and
got him off from the bike, and told him to stand facing back, and if he
turned and saw them, they would shoot him. Accordingly, he stood facing
beck, and a0er some me, he looked back and found that they had gone,
and therea0er he returned on foot from there and informed the police. It
was further alleged that when the complainant checked his Paytm
Account, the bank balance was found to be zero and that the accused
persons had withdrawn a sum of Rs.9872/- from his bank account.
On the basis of above said facts and nature of crime, a formal FIR No.
1491 dated 01.10.2023 under Sec on 364-A of IPC, was registered at P.S.
City, District Panipat. The FIR is already enclosed by the pe oner with his
pe on as Annexure P-1 for the kind perusal of this Hon'ble Court."
4. The pe oner's counsel prays for bail by imposing any stringent condi ons and
contends that further pre-trial incarcera on would cause an irreversible injus ce to the
pe oner and his family.
5. The State's counsel opposes bail and refers to the status report.
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6. It would be appropriate to refer to the following por ons of the status report,
which read as follows:
"(iii) That on 04.10.2023, CCTV footages of cameras installed at Sardana
Filling Sta on and SN Filling Sta on were obtained along with cer ficates
u/s 65-B of Indian Evidence Act and taken into police possession as
evidence through recovery memo. On perusal of CCTV obtained from
Sardhana Petrol Pump, Panipat it was revealed that on 01.10.2023, at
around 00:53:00, one of the two accused persons came to the petrol
pump, filled up his motorcycle with petrol, and also took cash from the
pump's employee. On perusal of the CCTV obtained from SN Petrol Pump,
Panipat it was revealed that on 01.10.2023 at around 1:18:12 a boy in
white shirt came to SN Petrol Pump on foot and le0 a0er taking cash from
an employee of petrol pump. Therea0er, complainant Rishi produced
transac on statement of his bank account, which was taken into police
possession as evidence through recovery memo.
3. That the role of the pe oner is that he alongwith co-accused has
kidnapped the complainant by impersona ng himself as employees of CIA
Staff and took him to a abundant place. Therea0er, they forced the
complainant to bring money from his acquaintance by threatening him,
whereby the complainant got deposit the money from his boss and from
his friend. The accused have also snatched the mobile phone of the
complainant and got the money encashed from the two petrol pumps
situated on NH1 and also got filled their motorcycle with petrol by
transferring amount from complainant mobile phone. The pe oner has
confessed to his role in crime and got recovered the motorcycle as well as
the clothes and a pair of shoes purchased by him from the extorted
amount."
7. Pre-trial incarcera on should not be a replica of post-convic on sentencing.
There is sufficient primafacie evidence connec ng the pe oner with the alleged crime.
However, as per paragraph 11 of the bail pe on, the pe oner has been in custody
since 09.10.2023. As per the custody cer ficate dated 15.10.2024, the pe oner's total
custody in this FIR is more than one year. Given the penal provisions invoked viz-a-viz
pre-trial custody, coupled with the primafacie analysis of the nature of allega ons, and
the other factors peculiar to this case, there would be no jus fiability for further pre-trial
incarcera on at this stage.
8. Without commen ng on the case's merits, in the facts and circumstances
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peculiar to this case, and for the reasons men oned above, the pe oner makes a case
for bail. This order shall come into force from the me it is uploaded on this Court's
official webpage.
9. Given above, provided the pe oner is not required in any other case, the
pe oner shall be released on bail in the FIR cap oned above subject to furnishing
bonds to the sa sfac on of the concerned Court and due to unavailability before any
nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned
Court must be sa sfied that if the accused fails to appear, such surety can produce the
accused.
10. While furnishing a personal bond, the pe oner shall men on the following
personal iden fica on details:
1. AADHAR number
2. Passport number (If available) and when the
a:es ng officer/court considers it appropriate or
considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. This order is subject to the pe oner's complying with the following terms.
12. The pe oner shall abide by all statutory bond condi ons and appear before the
concerned Court(s) on all dates. The pe oner shall not tamper with the evidence,
influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
witnesses, Police officials, or any other person acquainted with the facts and
circumstances of the case or dissuade them from disclosing such facts to the Police or
the Court.
13. Given the nature of the allega ons and the other circumstances peculiar to this
case, the pe oner shall not enter the property, workplace, and residence of the vic m
un l the statements of all non-official and informal witnesses in the trial are recorded.
This Court is imposing this condi on to rule out any a:empt by the accused to
incapacitate, influence, or cause any discomfort to the vic m. Reference be made to
Vikram Singh v Central Bureau of Inves ga on, 2018 All SCR (Crl.) 458); and Aparna
Bha: v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.
14. Given the background of allega ons against the pe oner, it becomes
paramount to protect the vic m, and their family members, as well as the members of
society, and incapacita ng the accused would be one of the primary op ons un l the
filing of the closure report or discharge, or acqui:al. Consequently, it would be
appropriate to restrict the possession of firearm(s). [This restric on is being imposed
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based on the preponderance of evidence of probability and not of evidence of certainty,
i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate
sanc on]. Given the nature of the allega ons and the other circumstances peculiar to
this case, the pe oner shall surrender all weapons, firearms, and ammuni on, if any,
along with the arms license to the concerned authority within fiKeen days from release
from prison and inform the Inves gator about the compliance. However, subject to the
Indian Arms Act, 1959, the pe oner shall be en tled to renew and take it back in case
of acqui:al in this case, provided otherwise permissible in the concerned rules.
Restric ng firearms would ins ll confidence in the vic m(s), their families, and society; it
would also restrain the accused from influencing the witnesses and repea ng the
offense.
15. The condi ons men oned above imposed by this court are to endeavor to
reform and ensure the accused does not repeat the offense. In Mohammed Zubair v.
State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe on (Criminal) No 279 of 2022,
Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds
that "The bail condi ons imposed by the Court must not only have a nexus to the
purpose that they seek to serve but must also be propor onal to the purpose of
imposing them. The courts, while imposing bail condi ons must balance the liberty of
the accused and the necessity of a fair trial. While doing so, condi ons that would result
in the depriva on of rights and liber es must be eschewed."
16. Any observa on made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
17. A cer fied copy of this order would not be needed for furnishing bonds, and any
Advocate for the Pe oner can download this order along with case status from the
official web page of this Court and a:est it to be a true copy. If the a:es ng officer
wants to verify its authen city, such an officer can also verify its authen city and may
download and use the downloaded copy for a:es ng bonds.
18. Pe22on allowed in terms men oned above. All pending applica ons, if any,
stand disposed of.
(ANOOP CHITKARA)
JUDGE
29.10.2024
Jyo2-II
Whether speaking/reasoned: Yes
Whether reportable: No.
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