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Judgment
VIKRAM AGGARWAL, J (ORAL)
Prayer in the present petition filed under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023, is for the grant of anticipatory bail in case FIR No.92 dated 22.06.2026, registered under Sections 109, 121(1), 132, 190, 191(3) and 221 of BNS, 2023, at Police Station Utawar, District Palwal
On the basis of a written complaint submitted by one PSI Sandeep of Police Station Cyber Crime, District Palwal, the FIR in question was registered, the translated version of which (as given in the petition) is as under:-
“To the SHO Police Station Utawar, District Palwal. Sir today on 22.06.2026, myself PSI Sandeep Police Station Cyber Crime, Palwal, together with PSI Pradeep with Constable Harkesh No. 910/PWL, Constable Aakash No. 856/Palwal, Constable Sahil No. 834/PWL, Constable Dipanshu 481/CPF, Constable Amal 483/CPF, Constable Yogesh No. 744/PWL, Constable Krishna No. 486/CPF, Constable Vivek 640/CPF, and government vehicle No. HR 30 GV-3879, driver CT Rajsingh 475/PWL MT PALWAL, and vehicle No. P0426MH8247G, SPO Virendra No. 264/Palwal, were present at Utawd Chowk, Palwal village, for the purpose of conducting a cyber-crime raid. A reliable informer disclosed that one Mustkim, son of Islam, resident of village Utawd, Palwal, who operates cyber fraud using forged SIM cards and bank accounts, was at that time sitting outside his house in a gali. Upon receiving this information, the party was made aware thereof and, along with the accompanying team members, proceeded to the location. Upon reaching the house, one person was seen sitting outside the house. On asking his name and address, the accused stated his name to be Mustkim, son of Islam, resident of village Utawd, Palwal. While the search of Mustkim was in progress, the accused snatched the mobile phone of the party member forcefully and threw it into the gali, shouting loudly. At that very moment, 15-20 persons - men and women - arrived at the spot carrying lathis (batons), dandas, slings, stone-throwing implements, and sharp-edged sword-like weapons, and challenged the police party, shouting: 'These are the police of the Cyber Crime Station who have been harassing us; they obstruct our work of Cyber Fraud (cyber thuggery; no police official should be spared here; this is our opportunity - finish them all.' Thereupon, all the accused persons, with the intention of killing the police party, attacked the police party and the government vehicle with lathis, stones and dandas. The police party somehow protected its life. In the attack, PSI Pradeep, Constable Aakash No. 856/PWL, Constable Harkesh No. 910/Palwal were injured and sustained injuries. A video of the incident was made by Constable Dharmendra No. 452/PWL using his mobile phone at the time of the occurrence. The persons who attacked the police party and then pushed and freed Mustkim, son of Islam, resident of village Utawd, from the police custody, and escaped, hurling stones and throwing objects at the police, saying 'The next time the police comes here, we will finish them all', fled from the spot. The injured team members PSI Pradeep, Constable Aakash, CT Harkesh, were taken to the Government CHC Hospital, Hathin, for medical examination and treatment, whereupon their MLR copies were obtained, which are attached herewith. The doctor, after providing primary treatment, referred them to Government Hospital, Palwal, where treatment is ongoing. Upon identifying from the video the persons who attacked the police party, the following names and addresses were ascertained: (1) Mustkim son of Islam, and Manesha wife of Mustkim, and Faji wife of Islam, and Ansar alias Timani son of Ashu, (2) Tahir alias Tulli son of Sakur, (3) Ashu son of Andhu, (4) Aabid son of Ashu, (5) Imran son of Shahid, all residents of village Utawd, Palwal; (6) Rashid son of Sokt, resident of Solaha; and 8-10 other unknown persons all of whom participated in the incident. The abovementioned persons, along with other unnamed accused persons, attacked the police party with lathis, batons and stones with the intention of killing them. One stone struck the head of PSI Pradeep and blood began to flow from his head. Another stone struck Constable No. 910/PWL. The windshield glass of government vehicle HR 30 GV-3879 was also shattered. The above accused persons thus, in concert, with the intention of killing, attacked the police party and obstructed the government servants from performing their duty. Accordingly, a case has been registered against the accused persons under Sections 191(3), 190, 221, 121(1), 132 and 109 of the Bharatiya Nyaya Sanita, 2023. Sd/-Complainant: PSI Sandeep, Police Station Cyber Crime, Palwal. Dated: 22.06.2026.”
Learned counsel for the petitioners submits that the petitioners have been falsely implicated since they are the mother and wife of Mohd. Mustakim, whom the police party had come to arrest. He submits that the police party was in plain clothes and had come without any warrant as a result of which, some people tried to restrain them from taking away Mustakim. He submits that apart from Section 109 BNS all other offences are triable by the Court of Magistrate and Section 109 BNS has been added only because the police personnel were involved. He submits that the antecedents of the petitioners are clean and they are willing to join investigation and abide by any condition imposed by the Court.
I have considered the submissions made by learned counsel for the petitioners but find the same to be devoid of merit.
15-20 persons (including petitioners) attacked a policy party which had gone to arrest one Mohd. Mustakim. They were armed with sticks, slings, stone throwing implements, sharp-edged weapons etc. The complainant Sandeep was badly injured. Another constable also got injured. The government vehicle was damaged. Such like incidents are on the rise and need to be dealt with sternly. Nobody should be permitted to take law into their own hands and then get away with it. The nature of the offence and the manner in which it was committed dissuades this Court from extending the concession of anticipatory bail to the petitioners.
That being so, the petition is found to be devoid of merit and is accordingly dismissed.
However, nothing stated herein above shall be construed to be an opinion on the merit of the case.