Bobby Wadhwa Vs State of Punjab

The pe��oner apprehending arrest in the FIR cap�oned above had come up before this Court under Sec�on 482 of Bhara�ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an�cipatory bail.

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In paragraph 8 of the bail pe��on, the accused declares that he has no criminal antecedents

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The facts and allega�ons are being taken from the status report filed by the State, which reads as follows:

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1. That the brief facts pertaining to the present case are men�oned hereinbelow for the ready reference of this Hon'ble High Court:

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i. That on the basis of the statement provided by Gurminder Kaur (hereina�er

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referred to as "the complainant"), the present case, i.e., FIR No. 196 dated 31.07.2021, was registered at Police Sta�on Division No.3, Ludhiana, ini�ally under Sec�ons 365, 34 IPC, with Sec�on 511 IPC added during the course of inves�ga�on. In the said FIR, the pe��oner, Bobby Wadhwa, along with another individual, Harjit Singh, were arrayed as accused.

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ii. As per the allega�ons made by the complainant in the FIR, on 31.07.2021, at approximately 12:00 PM, she, along with her female maid, Rinki, daughter of Ranvir Kumar, her two minor sons, Kayur (aged 8 years) and Ajoor (aged 2 years), was traveling in her white Ford Endeavour Car (Registra�on No. PB10FA0037) from her residence at House No. 22, Victoria Enclave, South City, Ludhiana, to her permanent residence at House No. 5, Mohalla Dharampura, Ludhiana. At around 12:30 PM, when she reached Baba Than Singh Chowk,

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Renu Bala 2025.04.04 10:27 I attest to the accuracy and integrity of this document

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CRM-M-15059-2025

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Ludhiana, her son, Kayur, expressed a desire to eat Chhole Bhature, leading her to stop her vehicle near a shop at the chowk. While si�ng inside the vehicle, she signaled to a worker at the shop to place an order for food. It was further alleged that a�er a short while, she stepped out of the vehicle to make payment, leaving the car in a started posi�on with the keys inside, while her children and maid remained seated in the vehicle. At that moment, two unknown individuals approached from the direc�on of Samrala Chowk, Ludhiana. One of them entered the driver's seat of the vehicle and a�empted to drive away with the children and the maid inside, while the other ran alongside the moving vehicle. Upon witnessing this, the children inside the vehicle started crying, and the complainant raised an alarm, a�rac�ng the a�en�on of nearby shopkeepers.

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iii. It was further alleged that the shopkeepers intervened and, approximately

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150 meters ahead, managed to stop the vehicle by obstruc�ng its path with an Ac�va scooter. Both individuals were then apprehended on the spot, and the complainant was able to safely recover her children and maid, who were unharmed. During this �me, her husband, Ni�sh Kumar, also arrived at the scene. The two apprehended individuals disclosed their names as Harjeet Singh, son of Sandhoor Singh, resident of Mohalla Ajit Nagar, Ludhiana, and Bobby Wadhwa (Pe��oner), son of Somi Wadhwa, resident of House No.3794, Raikot Bus Stand, Jagraon. Both were subsequently handed over to the PCR police officials."

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The pe��oner's counsel prays for bail by imposing any stringent condi�ons and contends that pre-trial incarcera�on would cause an irreversible injus�ce to the pe��oner and their family. He further submits that trial Court cancelled the bail of pe��oner due to non-appearance on the date of hearing and he undertakes that pe��oner shall a�end each and every hearing before the trial Court.

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The State’s counsel opposes bail and submits that an�cipatory pe��on is not maintainable.

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REASONING:

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The pe��oner was earlier on bail; however, he failed to appear, which led to the cancella�on of the bail vide order dated 14.01.2025, passed by the Trial Court.

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The pe��oner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condi�on that the pe��oner shall not remain absent from the trial even on a single day and subject to compliance with the following condi�ons.

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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 pre-trial incarcera�on at this stage.

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Without commen�ng on the case's merits, in the facts and circumstances peculiar

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to this case, and for the reasons men�oned above, the pe��oner makes a case for bail. This Renu Bala 2025.04.04 10:27 I attest to the accuracy and order shall come into force from the �me it is uploaded on this Court's official webpage. integrity of this document

CRM-M-15059-2025

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CONDITIONS:

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.

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While furnishing a personal bond, the pe��oner shall men�on the

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following personal iden�fica�on details:

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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)

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This order is subject to the pe��oner’s complying with the following terms.

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The pe��oner shall deposit Rs.15,000/- in Poor Pa�ent Welfare Fund, PGIMER, Chandigarh.

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The pe��oner shall appear on or before 08.04.2025 along with receipt of the amount deposited and a�er that he shall a�end the Trial on every date and shall not seek any adjournment.

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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.

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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.

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Pe��on allowed in terms men�oned above. It is clarified that this order is subject to surrender, in case pe��oner fails to surrender within the �me frame, in that case this order shall recalled under Sec�ons 403 BNSS, 2023 automa�cally without further inform to this Court. All pending applica�ons, if any, stand disposed of.

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01.04.2025 ( ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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Renu Bala 2025.04.04 10:27 I attest to the accuracy and integrity of this document

Bobby Wadhwa v. State of Punjab

Case brief

What is this about?

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Bobby Wadhwa v. State of Punjab

Case brief

What is this about?

What did the court decide?

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