02.04.2025 SURJEET SING SINGH ALIAS SURJA … v. STATE OF HA HARYANA
Case Details
IN THE H AB AND HARYANA HE HIGH COURT OF PUNJAB A RH AT CHANDIGARH CRM-M Reserved Pronounc M No.4006 of 2025 erved on:25.03.2025 nounced on :02.04.2025 SURJEET SING SINGH ALIAS SURJA …. Petitioner Versus STATE OF HA HARYANA …. Respondent CORAM: HON HON’BLE MRS. JUSTICE MANIS ANISHA BATRA Mr.Arihant Jain and Mr. Varun Jain Present : Mr for the petitioner. for Mr, Neeraj Poswal, A.A.G., Harya Mr, aryana, n Jain,, Advocates Mr. Vishal Malik, Advocate for the Mr. or the complainant. **** MANISHA BAT The present petition has been filed u The 1. A BATRA, J. (oral) (cid:26)(cid:2)(cid:7) filed under Section 483 of (cid:23)(cid:11)(cid:2)(cid:4)(cid:2)(cid:13)(cid:5)(cid:26)(cid:2)(cid:7) (cid:1)(cid:2)(cid:3)(cid:2)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:2)(cid:6)(cid:10)(cid:11) (cid:6)(cid:10)(cid:11)(cid:2)(cid:7)(cid:8)(cid:2)(cid:12)(cid:11)(cid:5)(cid:13)(cid:2)(cid:14)(cid:7)(cid:15)(cid:16)(cid:15)(cid:17)(cid:7)(cid:18)(cid:19)(cid:20)(cid:4)(cid:7)(cid:10)(cid:11)(cid:20)(cid:4)(cid:13)(cid:21)(cid:22)(cid:23)(cid:1) ail to (cid:1)(cid:8)(cid:8)(cid:24)(cid:25) for grant of regular bail to the petitioner in
Legal Reasoning
ner in case arising out of FIR No.126 tered 1268 dated 02.12.2023 registered under Sections 149, 201, 341, 307, 302, 427, 506 s 7, 506 & 120-B of IPC and Sections 27 & 25(6) of Ar ) of Arms Act, at Police Station Sadar Sadar Hisar, District Hisar. 2. As per the allegations, on 01.12.2 As inder 1.12.2023, the complainant-Jatinder Singh was presen present at a well of his village and wa h his was having conversation with his companions-Nar Naresh, Surender and Savinder. - In the meanwhile, his brother- Vikas @ Keshi Keshi also reached there in his vehic s vehicle along with his co-villagers namely, Sonu @ onu @ Molar and Ajay @ Hanuman eshi uman. As soon as, Vikas @ Keshi stopped his vehic s vehicle, two motorbikes and one car some ne car reached and stopped at some distance. Severa Several youths were occupying thes iders g these vehicles. Four bike riders alighted from the om their vehicles and started firing sho ng at ing shots with pistols while aiming at Vikas @ Keshi eshi. They also extending threats to k way. ts to kill whoever came in their way. His brother Vik Vikas @ Keshi and his friends y @ iends Sonu @ Molar and Ajay @ Jyoti 2025.04.04 09:30 I attest to the accuracy and integrity of this document CRM-M No.400 o.4006of 2025 -2- Hanuman also su also sustained fire arms injuries. Ther reats . Thereafter, while extending threats to kill the others others, the assailants fled away on t hile y on their respective vehicles while showing their pi heir pistols. The injured were immed pital. immediately rushed to the hospital. Vikas @ Keshi eshi succumbed to the injuries. The at he . The complainant disclosed that he had identified some of the assailants as Sunny G , unny Gujjar, Ankit, Sagar @ Bachhi, Rakesh @ Kala K Kala Kherampuria and Ashish @ Lalu y the Lalu and that he could identify the other assailants o lants on seeing them. 3. After registration of FIR, investigati Afte . stigation proceedings were initiated. Post mortem ex em examination of the dead body o cted. ody of the victim was conducted. Inquest proceedi oceedings were also conducted. A Sp was . A Special Investigation Team was constituted. The . The complainant-Jatinder Singh an man ngh and victim Ajay @ Hanuman recorded their su heir supplementary statements on 16.0 hich, n 16.04.2024, on the basis of which, accused-Kuldeep uldeep @ Bender, Himanshu, Avina lwan Avinash and Parveen @ Pehalwan were arrested. O . On interrogation, they suffered di sing ered disclosure statements disclosing their involveme ement in the crime. The accused Rak was ed Rakesh @ Kala Kherampuria was arrested on 17.08 17.08.2024. He too, suffered disclosu at he isclosure statement admitting that he along with co-ac accused had hatched the conspira as @ nspiracy to kill the victim- Vikas @ Keshi. He had s had sent three illicit pistols to accus h his accused Sunny Gujjar through his friend Surjit Sin Singh @ Surjai i.e. the present pe istols ent petitioner and that three pistols were given to the to the petitioner by co-accused Ajay ions. Ajay @ Goli as per his instructions. He also disclose isclosed that after the murder of the was of the victim- Vikas @ Keshi was committed, the p , the petitioner had brought back those those three pistols. 4. On the basis of disclosure stateme On h @ tatement of the accused-Rakesh @ Kala Kherampur ampuria, the petitioner was nominat as in minated as an accused. He was in custody in some some other case and his presence e of sence was secured by issuance of Jyoti 2025.04.04 09:30 I attest to the accuracy and integrity of this document CRM-M No.400 o.4006of 2025 -3- production warr warrants on 27.08.2023. He was ed a was interrogated and suffered a disclosure statem statement and on the basis of same from f same, demarcated the place from where he had giv ad given illicit weapons to the co-accu here accused as well as the place where such weapons we ons were given back and also disclose nd 9 isclosed about selling 2 pistols and 9 live cartridges. I dges. It was further disclosed by him h @ by him that the accused-Rakesh @ Kala Kherampur ampuria had contacted him in Novem pp November 2023 through Zangi App instructing him t him to give 3 illegal pistols and cartr veen d cartridges to Avinash and Parveen @ Pehalwan, wh who would come to him and in Ja one January 2024, he had given one pistol to Ashish shish @ Lalu on asking of accused puria cused Rakesh @ Kala Kherampuria and then selling elling about two weapons to one Sun since e Sunil. The investigation has since leted. been completed. 5.
Legal Reasoning
It is argued by learned counsel for It is been el for the petitioner that he has been falsely implicate plicated in this case on the basis of d edly is of disclosure statement allegedly suffered by the c y the co-accused. He was neither nam has r named in the FIR nor any role has been attributed to him qua commission of offenc . He offence of murder of the victim. He is in custody sin since 27.08.2024. The trial will tak He ill taken long time to conclude. He has a permanent anent abode. There is no chance of his or of his fleeing. Offence of murder or making attempt tempt to murder is not made out again rged t against him. Therefore, it is urged that he deserves t erves to be released on bail. 6. Status report has been filed by the Stat State the respondent-State. Learned State counsel has argu s argued that there are serious and s t the and specific allegations against the present petitione titioner, who was an important link to t link in the chain of conspiracy to murder the vict e victim-Vikas @ Keshi and to m r the d to make attempt to murder the remaining two c two companions of victim Vikas @ illicit as @ Keshi. He had supplied illicit weapons to the o the co-accused for facilitating the m a g the murder of the victim. He is a Jyoti 2025.04.04 09:30 I attest to the accuracy and integrity of this document CRM-M No.400 o.4006of 2025 -4- member of a not notorious gang of Rakesh @ Kala itual Kala Kherampuria. He is habitual offender as one one more case under Section 25(6) ding 25(6) of the Arms Act is pending against him. The . There are chances of his absconding esses onding or intimidating the witnesses or commit simila similar offences, if extending benefit gued enefit of bail. Therefore, it is argued that the petition titioner does not deserve to be allowed llowed bail. 7. 8. Rival contentions of the parties have Riva s have been heard at length. The petitioner is alleged to have h The the have hatched a conspiracy with the accused Rakesh akesh @ Kala Kherampuria and in pu eged d in pursuance thereof, he is alleged to have obtained btained illicit weapons and supplied the pplied such weapons/pistols to the co-accused, who who committed murder of the victim used victim- Vikas @ Keshi and caused fire arms injuries njuries to his companions with the sa be a the same. He is also alleged to be a big supplier of w er of weapons. The petitioner might n the ight not be directly involved in the murder of the vic the victim, however, the allegations a us in tions against him are quite serious in nature. Keeping eping in view the gravity of these alle f the se allegations, the antecedents of the petitioner and th and the attendant facts and circumsta thout cumstances of the case, but without expressing any c any comment on the merits of the ered f the case, I am of the considered opinion that the p the petitioner does not deserve to be t this e to be released on regular bail at this stage. According ordingly, the present petition is dismis dismissed. 9. Since the main petition is disposed o Sinc any, osed of, pending application, if any, also stands dispo
Decision
disposed of accordingly. 02.04.2025 Jyoti-IV (MANISHA BATRA) JUDGE Whether speaking/reasoned: Whether reportable : Yes/N es/No. es/No Yes/N Jyoti 2025.04.04 09:30 I attest to the accuracy and integrity of this document