Allowed¶45

Rajesh Kumar v. State of Haryana

Punjab & Haryana HC3 May 2025CRM-M/23909/2025

Case brief

AI extract

What is this about?

Rajesh Kumar v. State of Haryana, CRM-M-23909-2025, High Court of Punjab and Haryana (Anoop Chitkara J., 03.05.2025): anticipatory bail under S.482 BNSS/438 CrPC in FIR No.146/24.07.2024, PS Sadar, Rewari (Ss.305, 331(4), 238, 317(2) BNS 2023); petitioner not named in FIR; four prior FIRs (IPC 379/411, 380/411/201, 380; BNS 305/317(2)); deemed custody S.27 Indian Evidence Act / S.23 BSA 2023; petition allowed.

What did the court decide?

Anticipatory bail in FIR No. 146 dated 24.07.2024, PS Sadar, District Rewari, subject to furnishing bonds to the satisfaction of the Arresting Officer/concerned Court, joining the investigation within seven days, and the other stated conditions (deemed custody under S.27 Evidence Act/S.23 BSA; cancellation clause upon commission of any non-bailable offence). ¶45

Rajesh Kumar Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in FIR No. 146 dated 24.07.2024 (PS Sadar, District Rewari), is entitled to anticipatory bail under Section 482 BNSS/438 CrPC. +1 more

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Court's answer

Given the penal provisions invoked and the prima facie nature of the allegations, there is no justifiability for custodial interrogation or pre-trial incarceration at this stage; without commenting on merits, the petitioner makes a case for bail.

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Ratio / Principle

The petitioner was not named in the FIR, is ready to join the investigation, and the allegations relate to theft of an air conditioner, inverter, water motor and electric heater.

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Key takeaways

At the anticipatory bail stage, analysis of the allegations does not justify custodial interrogation or pretrial incarceration.ratio¶28
Provided the petitioner is not required in any other case, he is to be released on anticipatory bail in the captioned FIR subject to furnishing bonds to the satisfaction of the Arresting Officer or the concerned Court.ratio¶30
The petitioner is directed to join the investigation within seven days of upload of the order and as and when called by the Investigator, and shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872 / Section 23 of BSA, 2023 during investigation.

Detailed headnote1 paragraphs

Anticipatory bail under S.482 BNSS/438 CrPC granted in FIR No.146 dated 24.07.2024, PS Sadar, District Rewari (Ss.305, 331(4), 238, 317(2) BNS 2023, theft/break-in at the complainant's office near Village Hanska). Petitioner was not named in the FIR and was ready to join the investigation; he had declared four prior FIRs of theft-related offences. Held that the allegations (theft of an AC, inverter, water motor, electric heater) did not justify custodial interrogation or pre-trial incarceration; bail conditioned on bonds, joining investigation within seven days, deemed custody under S.27 Evidence Act/S.23 BSA, and a cancellation clause. Petition allowed; observations not to be read as opinion on merits.

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CRM-M-23909-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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102

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CRM-M-23909-2025 Date of decision: 03.05.2025

Rajesh Kumar

...Pe��oner

Versus

State of Haryana …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Gulshan Nandwani, Advocate, for the pe��oner.

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Ms. Trishanjali Sharma, DAG, Haryana.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta�on	Sec�ons
146	24.07.2024	Sadar, District Rewari	305, 331(4), 238, 317(2) of BNS,2023

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The pe��oner apprehending arrest in the FIR cap�oned above has come up before this Court under Sec�on 482 of Bhara�ya Nagarik Suraksha Sanhita, 2023, [BNSS]/438 CrPC, seeking an�cipatory bail.

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In paragraph 6 of the bail pe��on, the accused declares that he has the following criminal antecedents:

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Sr. No.	FIR No.	Dated	Offenses	Police Sta�on
1.	123	06.05.2024	379/411 IPC	Bawal
2.	111	11.06.2024	380/411/201 IPC	Rewari Sadar
3.	211	30.06.2024	380 IPC	Pataudi,Dis�. Gurugram
4.	173	10.07.2024	305/317(2)BNS	Sahalwas,Dis�. Jhajjar

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The facts and allega�ons are being taken from the translated copy of FIR annexed with the bail pe��on as Annexure P-1, which reads as follows:

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“To, The SHO, Sadar Police Sta�on Rewari, Subject regarding the� of

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goods in the office by thieves. Sir, In context to the above subject it is requested that I had a personal office at opposite side of RPS School Hanska near Village Hanska in which yesterday unknown thieves stole an AC Spirit, an inverter with ba�ery, a water motor, an electric heater, an electric removable hot hi�er siffen, and papers and files of Advocate Lalit Kumar and some of my office papers. When I went there today on

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JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-23909-2025

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24.07.2024 at 9.00 a.m., the lock of the room's door was found broken and when I looked inside, the items were not found there and other items were also found sca�ered. I immediately informed the same on 112 toll free of police department. The 112 gypsy came, they took a photo of mine and the stolen items from their tab and asked me to submit an applica�on with SHO Sadar police sta�on for registra�on of FIR. Therefore Sir, whoever is the thief, please inves�gate the ma�er and get my stolen items recovered and please register FIR against them.”

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Counsel for the pe��oner submits that he would have no objec�on in case any stringent condi�ons this Court might put upon the pe��oner including surrender of fire arms, if any and in case, pe��oner repeats the offence, the State shall file an applica�on for cancella�on of bail. He further contends that pre-trial incarcera�on would cause an irreversible injus�ce to the pe��oner and his family.

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5. The State’s counsel on instruc�ons opposes bail.

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REASONING:

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The pe��oner was not named in the FIR; he is ready to join the inves�ga�on and the allega�ons are of the� of Air Condi�oner, inverter, water motor, electric heater. Pretrial incarcera�on should not be a replica of post-convic�on sentencing. The evidence might be prima facie sufficient to launch prosecu�on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an�cipatory bail. An analysis of the above does not jus�fy custodial interroga�on or pretrial incarcera�on.

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Given the above, the penal provisions invoked 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 custodial interroga�on or the pre-trial incarcera�on at this stage. Without commen�ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men�oned above, the pe��oner makes a case for bail.

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Given above, provided the pe��oner is not required in any other case, the pe��oner shall be released on an�cipatory bail in the FIR cap�oned above subject to furnishing bonds to the sa�sfac�on of the Arres�ng Officer, and if the ma�er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep�ng the surety, the concerned Officer/Court must be sa�sfied that if the accused fails to appear, such surety can produce the accused.

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JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-23909-2025

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While furnishing a personal bond, the pe��oner shall men�on the 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 is directed to join the inves�ga�on 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 Inves�gator. The pe��oner shall be in deemed custody for Sec�on 27 of the Indian Evidence Act, 1872/ Sec�on 23 of BSA, 2023. The pe��oner shall join the inves�ga�on as and when called by the Inves�ga�ng Officer or any Superior Officer and shall cooperate with the inves�ga�on at all further stages as required. In the event of failure to do so, the prosecu�on will be open to seeking cancella�on of the bail. During the inves�ga�on, the pe��oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

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In case the Inves�gator/Officer-In-Charge of the concerned Police Sta�on arraigns another sec�on of any penal offense in this FIR, and if the new sec�on prescribes a maximum sentence that is not greater than the sec�ons men�oned above, then this bail order shall be deemed to have also been passed for the newly added sec�on(s). However, suppose the newly inserted sec�ons prescribe a sentence exceeding the maximum sentence prescribed in the sec�ons men�oned above; then, in that case, the Inves�gator/Officer-In-Charge shall give the pe��oner no�ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

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13. This bail is condi�onal, and the founda�onal condi�on is that if the pe��oner indulges in any non-bailable ofense, the State may ff le an applica�on for cancella�oni of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

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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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JYOTI 2025.05.07 15:58 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-23909-2025

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