IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASRUDDIN – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
209 CRM-M-16599-2026 (O&M)
Date of decision: 09.04.2026 Asruddin ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Ms. Rosi, Advocate for the petitioner.
Mr. Neeraj Poswal, AAG, Haryana.
MANISHA BATRA, J. (Oral)
1. Prayer in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in FIR No.23 dated 05.02.2026 registered under Section 25(1B) (a) of Arms Act and Sections 13(1), 13(3), 17, 3, 8 of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Sections 109(1), 121(1), 132, 221, 324(3) of Bharatiya Nyaya Sanhita, 2023 (Section 307, 332, 353, 186, 426 of IPC) at Police Station Sadar Tauru, District Nuh.
2. The aforementioned FIR has been registered on the allegations that on 05.02.2026, on receipt of an information by a member of cow protection team that accused Kasam along with his family members was slaughtering cows in his house and was selling beef and that he could be caught red handed if a raid was conducted, a police party had rushed towards the house of accused Kasam along with members of the cow protection team. When they reached near his house, accused Kasam and his family members managed to escape leaving the beef and tools for slaughtering at the spot. One person was apprehended from the spot. On asking, he disclosed his name as Pappu son of Sube Khan. Beef and articles lying therein for slaughtering cows had been taken into custody by the police. In the meanwhile, 20-25 persons reached there and they tried to get accused Pappu released from the custody of the police officials. They vandalized the government vehicle as well as vehicles brought by the members of the cow protection team and used fire arms. They got accused Pappu released from the custody of the police officials by opening an attack upon the police personnel and then fled away from the spot. A secret information was received that the petitioner along with accused Shokeen, Rahul, Salmu, Kuppa etc. was amongst the persons, who had opened a deadly attack upon the police officials and members of the cow protection team. The petitioner was as such nominated as accused in this case. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail, which has been dismissed by the Court of learned Additional Sessions Judge, Nuh, vide order dated 16.03.2026.
3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. No specific overt act has been attributed to him. He has clean antecedents. He is ready to join the investigation. No recovery is to be effected from him. His custodial interrogation is not required. No useful purpose would be served by detaining him into custody. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted concession of anticipatory bail.
4. Status report has been filed by the respondent-State. Learned State counsel has argued that there are serious and specific allegations against the petitioner, who, by forming membership of an unlawful assembly with the co- accused, had opened a murderous attack upon the police officials and the members of the cow protection team and had also caused obstruction in lawful performance of duties of the police officials. The petitioner was armed with a Kappa. He was also named in the disclosures of co-accused Kasam and Ambar. No exceptional or extraordinary circumstance has been made out for grant of anticipatory bail to him. For conducting thorough and proper investigation in the matter, his custodial interrogation is must. It is, thus, argued that the petition is liable to be dismissed.
5. This Court has heard the rival submissions.
6. The petitioner along with the co-accused is alleged to have formed membership of an unlawful assembly
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