The court granted anticipatory bail, ruling that the absence of specific allegations against the petitioner did not justify custodial interrogation, emphasizing the need for opportunities for reform.

JUDGMENT :

ANOOP CHITKARA, J .

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking anticipatory bail.

2. Per paragraph 16 of the bail application, the accused has the following criminal antecedents:

3. The facts and allegations are being taken from the translated copy of FIR (Annexure P- 1), which reads as follows:

“Sir, it is requested that I Rai Singh son of Shri Surata Ram resident of village Saini Majra district Kurukshetra am a resident and do farming. Our land falls in the village Jansui area. On 02-07-25 at around 2.45 PM, I went to my field on my motorcycle no. HR41G-1245 with tea. I parked my motorcycle on the roadside near my field and went to the field. Meanwhile two unknown boys wearing a yellow turban stole my motorcycle. The colour of my motorcycle is blue, brand HF- DELUXE, model 2014. Its engine no. is HA11EGE08508 and chassis no. MBLHA11ACE9G06359. I searched for my motorcycle on my own but could not find it anywhere. Legal action should be taken against these Renu Bala unknown boys and my motorcycle should be recovered.”

4. Counsel for the petitioner submits that the petitioner is 19 years of age and he has been falsely implicated in the present FIR. The petitioner's counsel prays for bail by imposing any stringent conditions including surrender of fire arms, if any. In case, he repeats the offence or commit any offence, where the sentence is more than 07 years, he would have no objection, if State files an application for cancellation of his bail. He further contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State’s counsel opposes bail on instructions.

REASONING:

6. Petitioner is 19 years of age and he has been not named in the present FIR as it was registered against unknown persons. Allegation is of theft of motor cycle. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage, but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration.

7. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.

8. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

9. While furnishing a personal bond, the petitioner shall mention the following personal identification details:

10. This order is subject to the petitioner’s complying with the following terms.

11. The petitioner is directed to join the investigati