PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL, J.
Habeen Alias Habin Alias Habib - Appellant
Vs.
State Of Haryana - Respondent
CRM-M-19171-2025
Decided On : 22-04-2025
JUDGMENT :
Sandeep Moudgil, J.
1. Relief sought
The jurisdiction of this Court has been invoked under Section 483 of BNSS for grant of regular bail to the petitioner in FIR No.125, dated 05.04.2024, under Sections 3/13(1), 8/13(3) of the Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 and Section 120-B of IPC, registered at Police Station Sadar Nuh, District Nuh.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
To, SHO Police Station City Nuh Jai Hind. Today I the SI along with ESI Satbir Singh No.603/Nuh, HGH Belt No.241 and were riding on a government vehicle Bolero No.HR-27-GV-5892 driven by Bijendra Singh (Kaushal Rojgar) and while patrolling were present at Palwal T. Point Nuh that an informer gave information that Akhtar AH alias Chuttan son of Abdul Salim alias Ghasita Qureshi, Jamaluddin son of Shokat, Habin son of Haji Gunga, Mustafa son of Akhtar AU alias Chuttan and Mubina wife of Akhtar AU alias Chuttan residents of village Ghasera Police Station Sadar Nuh are involved in cow slaughtering. Today also in Palla Pahar Bal after doing cow slaughtering, after cutting beef into small pieces Akhtar AU alias Chuttan son of Abdul Salim alias Ghasita Qureshi residents of Ghasera Police Station Sadar Nuh, will keep it in the room of the house and by packing in polythene would sell it. If the house of Akhtar AU alias Chuttan son of Abdul Salim alias Ghasita Qureshi resident of Ghasera Police Station Sadar Nuh is raided quickly then he can be apprehended alongwith the beef. On considering the information to be true, the passersby were asked to join the raiding party but all the passers-by, being from the same community, went away expressing their legitimate compulsions. After informing the fellow employees of the information alongwith the informer reached at the disclosed place then the gate of the house was found to be locked from inside. Upon knocking the door all the men and one woman managed to escape through the roofs while making noise from inside the house. That upon opening the gate from inside after jumping from above and upon looking inside the room, about 50 Kg of beef freshly slaughtered in small & big pieces and one axe, one iron knife, one pressure of iron, one electronic weighting scale and one small steel plate were found, which were kept in a plastic bag and a separate parcel was prepared which was stamped by stamp BS. The stamp was handed over to ESI Satbir Singh for its later use. That the aforesaid recovered about 50 kg of beef was put in separate plastic bag and a parcel was prepared and was taken into police custody so as to serve as a proof on receipt of the list. On receipt of the list, signatures of the witnesses were obtained. Which the accused Akhtar AU alias Chuttan son of Abdul Salim alias Ghasita Qureshi, Jamaluddin son of Shokat, Habin son of Haji Gunga, Mustfa son of Akhtar AH alias Chuttan and Mubina wife of Akhtar AU alias Chuttan, resident of Ghasera Police Station Sadar Nuh, aforesaid people together committed cow slaughtering and by keeping the beef in the room of the house of Akhtar AU alias Chuttan had committed offence under Section 3/13 (1), 8/13 (3), HGS GS ACT and 120-B IPC, upon which for the registration of FIR it is sent to the Police Station through ESI Satbir Singh No. 603/Nuh. After the registration of FIR its number be intimated. For the further investigation of the case, the other investigating officer be sent at the spot. I the SI alongwith case property alongwith fellow employees are present at the spot. Today:- Village Ghasera. Sd/- BACHCHU SINGH CS STAFF NUH Date 05.04.24 AT8.50 a.m. '
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner contends the petitioner has been falsely implicated in the present case and the name of the petitioner was disclosed by the secret informer falsely and there is no iota of evidence which can connect the petitioner with the alleged offence. He submits that co-accused has already b
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when trial proceedings will take time.
Bail is the rule and jail is the exception; pretrial detention should not equate to conviction, emphasizing personal liberty under Article 21.
In double murder cases punishable by death, bail denied where prima facie circumstantial evidence establishes involvement, despite trial delay, emphasizing gravity of offence and punishment severity.
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