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2025 Supreme(P&H) 771

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Sandeep Moudgil, J.
Khalid – Appellant 
Versus 
State Of Haryana – Respondent
CRM-M-34-2025
Decided on : 07-01-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. N. A Khan, Advocate,
For the Respondent: Mr. Baljinder Singh Virk, Sr. DAG, Haryana

JUDGMENT :

Sandeep Moudgil, J. (Oral) -

Relief sought

1. The jurisdiction of this court has been invoked under section 482 B.N.S.S.,2023, for grant of Anticipatory Bail to the petitioner in the FIR No. 338 dated 20.12.2023 under sections 148, 149, 186,429,307 of IPC and Sections 13(2), 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act 2015 and Section 25 of the Arms Act 1959, registered at Police Station Dhauj, District Faridabad

2. The contents of FIR reads as under:-

To SHO Police Station Dhauj, Faridabad. Jai Hind. Today I SI alongwith Constable Aman No.4013 in official vehicle bearing registration No. HR-87- GV-1358 being driven by Constable Devender No.3872 were present near Village Pakhal for night patrolling. Then an informer met and gave information that in Pick up number HR-55AQ-2956, 5-6 persons have kept six cows by tying their legs and months for cow slaughtering and they have to come from Faridabad to Sohna. If barricade is hold then they can be nabbed with pickup and cows. On considering information as true, barricade was installed near Village Pakhal at Bus Stand. After few minutes, from Faridabad side, one Pick up bearing registration Number HR-55AQ-2956 was seen coming in high-speed, pick up driver on seeing the police party in front of him, he turned his vehicle back and drove away towards village Nekpur. I SI with the help of official companioned chased the pick up vehicle with our vehicle. In meanwhile, Gaurrakshak Anil Kaushik son of Jitender Kaushik, resident of House No.380, Partiya Colony N.I.T., Faridabad and Adesh Kumar son of Jai Singh, resident of MCH House Number 6847, Sanjay Colony Faridabad in their vehicle with their companions came there. The persons sitting outside pickup vehicle were throwing stone pieces towards us. Pick-up driver reached at Village Alampur via village Fatehpurtaga, which was encircled by I SI with the help of Gaurakshak. On seeing encircling themselves, the while firing shots left the pick up vehicle and ran away from the spot. I SI and Gaurakshaks tried to nab them but due to darkness, they entered in the streets of Village Alampur and could not be arrested. Pick up was checked and six cows were found on back side whose legs and mouths were tied with rope. I took photographs of the same from my mobile phone. Vehicle was searched and Stone pebbles and rope were found in the plastic tray on the roof of the vehicle. A live round was found in between the cows, on whose head 8 MMKF was written. A rope and a knife were found in the cabin of the vehicle. When measured, the length of the fruit was 14.6 cm and the length of the handle was about 12 cm. The number plate at the back of the vehicle was HR-55AQ- 2956, which was yellow in colour. A separate blueprint of the live round and the knife was prepared and put in the parcel and the parcel was sealed with impression A.S., total one seal. Parcel was taken into police custody as evidence vide memo and the witnesses signed the memo. Unknown persons, by cruelly loading cows in their pick-up for cow meat and by pelting stones and firing at the police party and cow protectors, have committed the crime under sections 148,149,186,307,429 IPC and 13.2 HGSG ACT 2015 and 25-54- 59 of the Arms Act, for which a written complaint is being sent to the police station through constable Aman no. 4013 for registration of case. After registration of case, case number be intimated. Special reports be issued as per rules. Investigating Officer be sent on the spot for further investigation. I alongwith cow protectors are present on the spot. Today: Village Alampur. Sd/-Gurpal SI ENG, Police Station Dhauj, Faridabad Dated 20.12.2023 at 8.30 A.M. Today at Police Station: from the contents of the writing received on attracting matter under above mentioned offences, FIR No.338 dated 20.12.2023, under Section 148,149,186,307,429 IPC, 13(2) HGSG ACT, and 25-43-49 Arms Act was registered at Police Station Dhauj, Faridabad. Copies of FIR are being sent as

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