Kamal vs State of Haryana

The instant petition has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of anticipatory bail in case arising out of FIR No.202 dated 18.06.2016 registered under Sections 147, 148, 149, 302 of IPC at Police Station Tosham, District Bhiwani.

The aforementioned FIR has been registered on the basis of statement recorded by the complainant Pawan Kumar alleging therein that on the night of 17.06.2016, his brother Vinod Kumar and himself were closing their shop when the petitioner accompanied by the co-accused reached there and caught-hold of his brother Vinod Kumar. The accused Praveen Kumar struck blow with a knife on the chest of his brother. The complainant and his brother rushed for their rescue, but the victim Vinod Kumar was again assaulted with a knife by accused Praveen Kumar. His brother had fallen down at the spot. On clamour being raised by him, some other persons had reached at the spot and then the assailants fled away. The victim was taken to hospital, but succumbed to the injuries so sustained by him.

After registration of FIR, investigation proceedings were initiated. During investigation, the petitioner was declared innocent and had not been arrested and challaned. During the course of trial of the co-accused, an application had been filed for summoning the present petitioner and some other persons as additional accused. This application was dismissed by the Court of learned Sessions Judge, Bhiwani vide order dated 17.01.2018. The revision petition, as directed against the said order, had been allowed by this Court and the direction was given to learned Sessions Judge to consider the application again and pass a fresh order. Then, vide order dated 06.01.2020 as passed by the learned Sessions Judge, Bhiwani, the application under Section 319 Cr.P.C. was partly allowed and the petitioner along with Praveen Kumar was ordered to be summoned as accused. The petitioner filed a revision petition challenging the order of summoning, which has been dismissed by this Court on 08.06.2026. Apprehending his arrest, this petition seeking anticipatory bail has been filed.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was found to be innocent. His custodial interrogation is not required. No recovery is to be effected from him. The fatal injuries have not been attributed to him. He is ready to join the proceedings before the trial Court. It is argued that the co-accused Praveen has been extended benefit of anticipatory bail. On parity, he deserves to be given the same benefit. It is, therefore, argued that the petition deserves to be allowed.

Notice of motion.

Learned State counsel has advance notice of the petition and has argued that taking into consideration the nature of the allegations as levelled against the petitioner, he does not deserve to be extended benefit of bail.

This Court has heard the rival submissions made by learned counsel for the parties.

The petitioner has been ordered to be summoned as additional accused in pursuance of allowing of an application filed under Section 319 of Cr.P.C., which is pari materia with Section 358 of BNSS. His custodial interrogation is obviously not required, neither any recovery has to be effected from him. Taking into consideration the aforementioned facts and circumstances, this Court is of the considered opinion that the petitioner has made out a case for extending benefit of pre-arrest bail to him. Accordingly, the petition is allowed and he is ordered to be admitted to bail subject to his appearing before the trial Court within a period of 15 days from today and abiding by the terms and conditions to be imposed by it and subject to his furnishing personal as well as surety bonds to the satisfaction of learned trial Court.

It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner.

Since the main petition has been allowed, pending application, if any, is rendered infructuous.