Vikrant Panwar alias Vicky Thakur v. State of Punjab
Case Details
CRM-M-59794-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-59794-2024 Reserved on: 07.04.2025 Pronounced on: 22.04.2025 Vikrant Panwar alias Vicky Thakur ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. G.P.S. Ghuman, Advocate and Mr. K.D.S. Bajwa, Advocate for the petitioner.
Legal Reasoning
Mr. Adesh Pal Singh, AAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 0206 15.07.2023 City Kharar, 25(7)(8)-54-59 of Arms Act District SAS Nagar and 120B IPC (Mohali) 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 11 of the bail petition and para 9 of the reply, the accused has the following criminal antecedents: Sr. No. FIR No. 1 52 Date 2022 Offenses 147, 148, 149, 302, 323, 504, 395, 412, 34 IPC 12 472 112 55 31.01.2024 307, 384, 506, 34, 427, 120B IPC and 25/54 of Arms Act 323 IPC 2023 2017 2023 147, 148, 352, 323, 504, 506 IPC 147, 148, 149, 323, 307, 34 IPC Police Station Saradhna, District Meerut, U.P. Mullanpur Garibdass, District SAS Nagar Sardhana, Meerut (U.P.) Sardhana, Meerut (U.P.) Sardhana, Meerut (U.P.) Distt. Distt. Distt. The facts and allegations are being taken from the order dated 20.09.2023 passed 2 3 4 5 3. by the Additional Sessions Judge, SAS Nagar, which reads as follows: ANJU RANI 2025.04.23 12:23 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 CRM-M-59794-2024 2 “….. as per the allegations levelled against the present petitioner and his other co-accused in the present FIR case, the present FIR has been registered on the basis of secret information to the effect that the gangsters namely Prince Chauhan and Sandeep Singh @ Kala Rana, who are living abroad in Canada/America, are used to get gunshots fired upon both persons, who refused to pay ransom in the area of Mohali, Chandigarh and Panchkula. It has been further alleged that the the co- accused Deepak Singh @ Rana of the petitioner used to get the aforesaid gangsters living abroad Vikran Panwar @ Vicky Thakur Vs. State of Punjab connected through his mobile phone by using ZANGI APP with their local henchmen. It has been further alleged that the aforesaid co- accused Deepak Singh @ Rana also used to operate and arrange for the bank accounts of the aforesaid gangsters living abroad, as these bank accounts were used by these gangsters for obtaining ransom money. It has been further alleged that the secret informer has further informed that the aforesaid co-accused Deepak Singh @ Rana used to roam in the area of Chandigarh, Mohali, while armed with weapons. After registration of the aforesaid FIR, the petitioner and his other co- accused have been nominated in this case, from whom 26 pistols and 16 live cartridges were recovered in this case. Thus, the petitioner is alleged to have formed a gang with his aforesaid other co-accused, who used to smuggle, purchase and sell the aforesaid huge cache of deadly arms i.e. 26 pistols and 16 live cartridges. Furthermore, the arguments raised by the Learned counsel for the petitioner pertain to the disputed question of facts, which can only be ascertained after completion of investigation and after leading of evidence during trial and thus, the same are not of any help to the petitioner at this preliminary stage of investigation.” 4. The petitioner's counsel submits that petitioner was arraigned as an accused on the basis of disclosure statement and he has been falsely implicated and also the petitioner has undergone more than 01 year & 08 months of custody. He further prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. The State’s counsel opposes bail. REASONING: 6. ANJU RANI 2025.04.23 12:23 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 Recovery of ammunition of has already been effected. There is sufficient 3 CRM-M-59794-2024 primafacie evidence connecting the petitioner with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing. Per the custody certificate dated 06.04.2025 the petitioner’s total custody in this FIR is 01 year, 08 months & 10 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this stage. 7. 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 bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned 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: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 10. 11. This order is subject to the petitioner’s complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 12. This bail is conditional, and the foundational condition is that if the petitioner indulges in any similar offence, repeats the offence and indulges himself in any offence where sentence is more than three years, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 13. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. ANJU RANI 2025.04.23 12:23 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-59794-2024 14. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 4 15. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. (ANOOP CHITKARA) JUDGE 22.04.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.04.23 12:23 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4