Punjab-Haryana High Court
Harish vs State Of Haryana on 12 November, 2025
CRM-M-53968-2025 (O&M) & 1
CRM-M-59366-2025 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Judgment reserved on: November 06, 2025
Judgment pronounced on: November 12, 2025
1. CRM-M-53968-2025 (O&M)
Harish
......Petitioner
Versus
State of Haryana
......Respondent
2. CRM-M-59366-2025 (O&M)
Moinddin @ Moin @ Muinuddin
......Petitioner
Versus
State of Haryana
......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT:
For the Petitioner(s): Mr. Gautam Dutt, Senior Advocate with
Mr. Saurabh Sharma, Advocate
(in CRM-M-59366-2025)
Mr. Raja Sharma, Advocate
(in CRM-M-53968-2025)
For the Respondent: Mr. Amish Sharma, AAG, Haryana.
****
SANJAY VASHISTH, J.
1. This common order would decide two petitions, namely, CRM-
M-53968-2025 and CRM-M-59366-2025, which have been filed under
Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular
bail to the petitioner(s), during the pendency of trial, who have been booked
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CRM-M-59366-2025 (O&M)
in a criminal case arising out of First Information Report, as detailed
hereunder:-
Name of FIR Date Section(s) Police District
Petitioner(s) No. Station
Harish, aged 94 27.05.2022 365 & 34 City Nuh
43 years IPC Tauru
(in CRM-M- [Sections
53968-2025) 364-A, 420,
[2nd bail 506, 120-B,
petition] 109 and 412
IPC, and
Moinddin @ Section 25 of
Moin @ the Arms
Muinuddin, Act, 1959
aged about 29 added later
years on]
(in CRM-M-
59366-2025)
[2nd bail
petition]
2. First bail petition, i.e. CRM-M-4166-2024, filed by petitioner -
Harish, was dismissed as withdrawn, vide order dated 22.05.2024, passed by
the Co-ordinate Bench of this Court (Annexure P-3 attached with CRM-M-
53968-2025). Similarly, first bail petition, i.e. CRM-M-3179-2023, filed by
petitioner - Moinddin @ Moin @ Muinuddin, was also dismissed as
withdrawn, vide order dated 27.02.2023, passed by the Co-ordinate Bench of
this Court.
3. Brief facts of the case are that complainant - Hasam got
registered the FIR (supra) regarding kidnapping of his son - Imran, then
aged about 10 years, by three persons, who arrived at the spot of incident in
a Wagnon-R car. Relevant translated version of the FIR (supra) reads as
under:-
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CRM-M-59366-2025 (O&M)
"......I, Hasam son of Rishal, am resident of Ward No. 02 Vijay
Nagar, Tauru. I have set up a chemical factory in Gudha
village. I have five children. Totay at around 02.30 - 03.30
p.m., my son Imran was playing on his bicycle in the sector.
Along with him, Rihaan son of Mehboob, resident of Tauru and
two-three other children were also riding bicycles when a
Wagon-R car, Chocolate colour, came in sector and two men
wearing masks on their faces got down from the WagonR and
forcibly kidnapped the boy Imran and put him in the WagonR
and there was one more man sitting in the WagonR. I was in
the factory at that time and on getting the information, I
reached my home and then reached the spot and have made
myself fully satisfied that some unknown persons, whose names
and addresses are not known, have kidnapped my son Imran
and took him in a WagonR car. After taking legal action against
them, my son Imran, who is aged about 10 years, be got
released from the clutches of the kidnappers, and his custody
may be handed over to me and justice be done to me. Thanking
you. ......"
4. Mr. Gautam Dutt, learned Senior Advocate, argued that in the
FIR, names of none of the accused persons is mentioned, and even during
investigation it has been found that the alleged ransom amount of
Rs.25,00,000/- was demanded by the co-accused Sahil on the mobile
numbers of complainant - Hasam. After investigation, final report was
submitted on 25.08.2022, without there being much progress in the trial
thereafter. It is also argued that kidnapped child was not caused any harm or
injury in any manner, and as per the case of the prosecution he was
recovered hail and hearty.
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CRM-M-59366-2025 (O&M)
Further argued that as per the FIR the child was kidnapped on
27.05.2022, at about 02.30 - 03.30 p.m., but the application/complaint in
regard to registration of the FIR was moved by the complainant - Hasam at
about 08.15 p.m.. Meaning thereby there is delay of about five hours in
registration of the FIR. It is also argued that initially FIR was registered
only under Sections 365 and 34 IPC, but subsequently story of demand of
ransom is added, and resultantly other penal Sections 364-A, 420, 506,
120-B, 109 and 412 of IPC, and Section 25 of the Arms Act were also added,
making the offence more serious. However, no other active and serious role
is found, having played by any of the petitioner(s) mentioned hereabove.
Learned Senior counsel also argued that authenticity of the
version of the FIR is yet to be established during trial proceedings, and one
fact that cannot be ignored is that child is not shown to be recovered from
the custody of any of the alleged accused, rather he was recovered next day
morning, i.e. on 28.05.2022, from near Mewat Model School, Tauru.
Additionally, it is also pointed out that the material witnesses have already
been examined, which are full of contradictions. It is also to be concluded
whether the child has deposed a true version or tutored one.
Lastly submitted that there is long list of total 28 prosecution
witnesses and conclusion of trial is likely to take sufficient time. Petitioner
- Moinddin @ Moin @ Muinuddin is inside jail since 28.05.2022 i.e. for the
last 03 years and more than 05 months. Thus, prays for grant of bail.
5. In the bail petition of petitioner - Harish also, the arguments
addressed by Mr. Gautam Dutt, Senior Advocate, were almost reiterated by
Mr. Raja Sharma, Advocate. Additionally, he submitted that co-accused
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CRM-M-59366-2025 (O&M)
Rakib, against whom the only attribution is that he had supplied the weapon
to the other co-accused, has already been granted bail by the Co-ordinate
Bench of this Court, vide order dated 18.08.2023, passed in CRM-M-24986-
2023 (Annexure P-5, attached with CRM-M-53968-2025).
Mr. Raja Sharma, learned counsel for the petitioner - Harish
also referred to para No. 16 of the petition, i.e. CRM-M-53968-2025),
wherein details of two criminal cases of robbery, under Section 392 IPC,
registered against the petitioner - Harish has been given, and submitted that
in both the cases petitioner - Harish has already been acquitted. Para No. 16
of CRM-M-53968-2025, reads as under:-
"16. That the petitioner has been acquitted in the alleged two
cases of robbery. The detail of both the cases is
mentioned below:-
i.) FIR No. 328 dated 16.05.2022 under section 392
of IPC and u/s 27 of Arms Act registered at Police
Station Bilaspur, Gurugram. The petitioner has
been acquitted vide order dated 12.12.2024 passed
by the ld. Judicial Magistrate Ist Class, Pataudi.
ii.) FIR No. 179 of 2022 under Section 392 of IPC
registered at Police Station Chaupanki, District
Bhiwandi (Rajasthan). The petitioner has been
acquitted vide order dated 28.08.2024 passed by
the ld. Additional CJM, Bhiwandi."
Further submitted that the complainant - Hasam has already
been examined as PW-2 and Sahib, who is brother of the victim child Imran
@ Danish, has also been examined as PW-4. Even examination-in-chief of
the victim child was recorded on 23.07.2024. The petitioner - Harish is
inside jail since 28.08.2022, i.e. for a period of 03 years and more than 02
months. Thus, prayed for grant of bail to the petitioner - Harish.
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CRM-M-59366-2025 (O&M)
6. On the other hand, learned State counsel filed the status report
by way of affidavit of the Deputy Superintendent of Police, Tauru, dated
04.11.2025, in CRM-M-53968-2025, as well as separate custody certificates
dated 05.11.2025 in both the petitions, which are taken on record. Registry
to tag the same at appropriate place of the paper books.
In the said status report, almost complete investigation qua the
petitioners herein has been detailed.
7. Referring to the status report, learned State counsel submits that
during course of investigation, the police found that the persons, who came
in the Wagon-R car, were accused, namely, Harish (petitioner in CRM-M-
53968), Moinddin @ Moin @ Muinuddin (petitioner in CRM-M-59366-
2025), Ajay and Sahil. The said accused had come in Wagon-R car, bearing
Registration No. HR-96-A-2173, which was used in the crime of kidnapping
the victim child, namely, Imran @ Danish.
Co-accused Sahil had made a WhatsApp call on Mobile Nos.
9812371786 and 9818187786 of complainant - Hasam, who is father of the
kidnapped child Imran @ Danish, and demanded a ransom of
Rs.25,00,000/-. Further, Hasam was asked to visit near the Subhash Chowk,
for handing over the bag containing the ransom amount of Rs.25,00,000/-.
Once the bag with demanded amount was handed over, kidnapped child
Imran @ Danish was dropped by the accused persons on 28.05.2022, near
Mewat Model School, Tauru.
8. It has been argued by the learned State counsel that during the
course of investigation it was found that the accused had demanded ransom
from Mobile No. 7340094845. Further explained that during investigation
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CRM-M-59366-2025 (O&M)
accused/petitioner(s) - Harish and Moinddin @ Moin @ Muinuddin
alongwith co-accused Ajay got recovered Rs.5,50,000/- each and the amount
was taken in police possession by preparing the recovery memos. Also
submitted that the petitioner - Harish got recovered his Wagon-R car,
bearing Registration No. HR-96-A-2173 alongwith documents. Due to
affixing of fake number plate on the car with intention to cheat and kidnap
the child, offences under Sections 420, 506, 120-B IPC were also added.
Other factual aspects, what has been stated by the petitioners' counsel have
also been elaborated, therefore, the same are not reiterated here again.
9. I have gone through both the petitions, status report filed in
CRM-M-53968-2025, and the custody certificates dated 05.11.2025, filed
qua both the accused/petitioners.
10. There is no dispute that complainant - Hasam has already been
examined in the witness box. Examination-in-chief of the victim child
Imran @ Danish was also recorded on 23.07.2024, i.e. more than 01 year
and 03 months ago. Petitioner - Harish is inside jail since 28.08.2022,
whereas petitioner - Moinddin @ Moin @ Muinuddin is lodged in jail since
28.05.2022. Long list of 28 prosecution witnesses is yet to be exhausted,
and conclusion of the trial is likely to take considerable time.
11. From the custody certificate, dated 05.11.2025, of
accused/petitioner - Moinddin @ Moin @ Muinuddin, it is noticed that he
has completed incarceration period of about 03 years 05 months and 04 days
inside jail. One more case, i.e. FIR No. 92 of 2022, under Section 302, 392,
201 and 34 IPC, is found registered against Moinddin @ Moin @
Muinuddin, at Police Station Sadar Tauru, Mewat, in which trial is in
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CRM-M-59366-2025 (O&M)
progress, therefore, till date he is not a declared convict in any criminal case.
As per the custody certificate, no other case is registered against him.
As per the custody certificate, dated 05.11.2025, of petitioner -
Harish, he has also completed incarceration period of 03 years 05 months
and 05 days. He is stated to be facing proceedings in two complaint cases
filed under the Hindu Marriage Act, i.e. Complaint No. HMA/4/2024 and
HMA/554/2023, which are pending in the Family Court at Palwal. Details of
other criminal cases against accused Harish, as given in the custody
certificate, are as under:-
Sr. Description Status of Case as Remarks
No. per custody
certificate
1. FIR No. 179/2022, Pending. Bail As per averment made
date not mentioned, granted vide order in para No. 16 of the
Sections not dated 17.06.2023 petition, already
mentioned, Police reproduced above,
Station Chopanki, petitioner stands
Alwar acquitted in this case,
vide order dated
28.08.2024.
2. FIR No. 2991/2022, Concluded. Petitioner stands
date not mentioned, acquitted, vide order
Sections not dated 28.08.2024 by the
mentioned, Police Court of ACJM Bhiwari.
Station not
mentioned, Alwar
3. FIR No. 238/2022, Concluded. Petitioner stands
date not mentioned, acquitted, vide order
under Section 392 dated 12.12.2024, by the
IPC, Police Station Court of JMIC, Pataudi
Bilaspur, Gurugram
[in para No. 16 of the
petition, already
reproduced above, FIR
No. has been
mentioned as '328'].
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CRM-M-59366-2025 (O&M)
12. It is an admitted fact that the victim child - Imran @ Danish
was not harmed in any manner and he was recovered on the very next day,
i.e. 28.05.2022, in the morning. One of the co-accused, namely, Rakib, who
has been attributed the role of supplying the weapon to the other co-accused,
has already been granted bail by the Co-ordinate Bench of this Court, vide
order dated 18.08.2023, passed in CRM-M-24986-2023. Moreover, liberty
of the petitioners cannot be curtailed for indefinite period.
13. In view of the totality of circumstances, and the
facts/allegations levelled against the petitioners, and the factors noticed
hereinabove, I deem it appropriate to grant the concession of bail to both the
petitioners.
14. Consequently, prayer made in the present petitions is allowed.
It is ordered that petitioner - Harish and petitioner - Moinddin @ Moin be
released on bail, subject to furnishing bail/surety bonds by each one of them,
to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa
Magistrate/ Duty Magistrate concerned, if they are not required in any other
case.
15. Needless to observe that the petitioner(s) shall not extend any
threat and shall not influence any prosecution witness in any manner directly
or indirectly.
16. Discussion recorded hereabove, shall not be construed as an
expression of opinion on the facts of the case. Therefore, Trial Court is
expected to decide the case by taking an independent view, on the basis of
evidence available on record, as expeditiously as possible, in accordance
with law.
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CRM-M-59366-2025 (O&M)
17. It is further made clear that if, in future, petitioners are directly
found indulged in similar kind of activities, this order shall be deemed to be
cancelled.
18. Petitions stand disposed of in the above terms.
19. Photocopy of this order be also placed on the file of CRM-M-
59366-2025.
(SANJAY VASHISTH)
JUDGE
November 12, 2025
Pkapoor
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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