Haryana v. MANDEEP PANNU

n, Advocate for the petitioner. Mr. Soeb Khan, Advocate for the petitioner Mr. Soeb Kha (thr rough Video Conferencing) Mr. Sushil Bhardwaj, Addl. A.G. Haryana Mr. Sushil Bhardwaj, Addl. A.G. Haryana Mr. Sushil Bhardwaj, Addl. A.G. Haryana Mr. Jasmine Gill, AAG Haryana. Mr. Jasmine Gill, AAG Haryana. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. The present is the first petition filed under Section 483 of the The present is the first petition filed under Section 483 of the The present is the first petition filed under Section 483 of the The present is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier 439 Cr.P.C) Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular (earlier 439 Cr.P.C) for grant of regular bail to the petitioner in case FIR No. 68 dated 31.03.2025, registered under bail to the petitioner in case FIR No. 68 dated 31.03.2025, registered under bail to the petitioner in case FIR No. 68 dated 31.03.2025, registered under bail to the petitioner in case FIR No. 68 dated 31.03.2025, registered under the Bharatiya Nyaya Sanhita and Sections 25 the Bharatiya Nyaya Sanhita and Sections 25 Sections 127(2) and 309(4) of the Bharatiya Nyaya Sanhita and Sections 25 Sections 127(2) and 309(4) of B)(a) and 25 of the Arms Act, at Police Station Bajghera, District Gurugram (1-B)(a) and 25 of the Arms Act, at Police Station Bajghera, District Gurugram B)(a) and 25 of the Arms Act, at Police Station Bajghera, District Gurugram

2. Briefly stated, the facts of the present case are that on 30.03.2025, ASI Briefly stated, the facts of the present case are that on 30.03.2025, ASI Briefly stated, the facts of the present case are that on 30.03.2025, ASI Briefly stated, the facts of the present case are that on 30.03.2025, ASI robbery at Sai Kunj Asha Medicare Store, Sanjeet received information regarding a robbery at Sai Kunj Asha Medicare Store, robbery at Sai Kunj Asha Medicare Store, Sanjeet received information regarding a Gurugram. Upon receiving the said information, ASI Sanjeet along with other Gurugram. Upon receiving the said information, ASI Sanjeet along with other Gurugram. Upon receiving the said information, ASI Sanjeet along with other Gurugram. Upon receiving the said information, ASI Sanjeet along with other police officials reached the place of occurrence where the complainant Mukesh police officials reached the place of occurrence where the complainant Mukesh police officials reached the place of occurrence where the complainant Mukesh police officials reached the place of occurrence where the complainant Mukesh tement. As per the Kumar, who was working at the said medical store, made a statement. As per the Kumar, who was working at the said medical store, made a sta Kumar, who was working at the said medical store, made a sta statement of the complainant, on 30.03.2025 at about 10:10 PM, three boys came statement of the complainant, on 30.03.2025 at about 10:10 PM, three boys came statement of the complainant, on 30.03.2025 at about 10:10 PM, three boys came statement of the complainant, on 30.03.2025 at about 10:10 PM, three boys came to the medical store. Two of them were wearing helmets of green and black colour to the medical store. Two of them were wearing helmets of green and black colour to the medical store. Two of them were wearing helmets of green and black colour to the medical store. Two of them were wearing helmets of green and black colour while the third boy was not wearing any helmet. One of them demanded certain while the third boy was not wearing any helmet. One of them demanded certain while the third boy was not wearing any helmet. One of them demanded certain while the third boy was not wearing any helmet. One of them demanded certain TRIPTI SAINI 2026.03.06 12:46 I attest to the accuracy and integrity of this document CRM-M-69927- -2025 (O&M) -2- medicines namely Zeptol etc. and when the complainant stated that the said medicines namely Zeptol etc. and when the complainant stated that the said medicines namely Zeptol etc. and when the complainant stated that the said medicines namely Zeptol etc. and when the complainant stated that the said medicines were not available, another boy demanded some other medicine. When medicines were not available, another boy demanded some other medicine. When medicines were not available, another boy demanded some other medicine. When medicines were not available, another boy demanded some other medicine. When the complainant started searching for the same, one of the boys pointed a country- the complainant started searching for the same, one of the boys pointed a country the complainant started searching for the same, one of the boys pointed a country the complainant started searching for the same, one of the boys pointed a country closed the shutter of the shop. It is alleged that the accused made pistol at him and closed the shutter of the shop. It is alleged that the accused closed the shutter of the shop. It is alleged that the accused made pistol at him and persons took away the money lying in the cash counter and threatened to kill the persons took away the money lying in the cash counter and threatened to kill the persons took away the money lying in the cash counter and threatened to kill the persons took away the money lying in the cash counter and threatened to kill the complainant before fleeing from the spot. On the basis of the said statement, the complainant before fleeing from the spot. On the basis of the said statement, the complainant before fleeing from the spot. On the basis of the said statement, the complainant before fleeing from the spot. On the basis of the said statement, the uring the course of investigation, the present present FIR was registered. During the course of investigation, the present uring the course of investigation, the present present FIR was registered. D petitioner Ashish Baghel was apprehended and it is alleged that a sum of petitioner Ashish Baghel was apprehended and it is alleged that a sum of petitioner Ashish Baghel was apprehended and it is alleged that a sum of petitioner Ashish Baghel was apprehended and it is alleged that a sum of Rs.13,000/-, a country made pistol and the helmet allegedly worn by the petitioner , a country-made pistol and the helmet allegedly worn by the petitioner made pistol and the helmet allegedly worn by the petitioner session. The clothes at the time of occurrence were recovered from his possession. The clothes at the time of occurrence were recovered from his pos at the time of occurrence were recovered from his pos allegedly worn by the petitioner at the time of occurrence were also recovered allegedly worn by the petitioner at the time of occurrence were also recovered allegedly worn by the petitioner at the time of occurrence were also recovered allegedly worn by the petitioner at the time of occurrence were also recovered during the investigation. during the investigation.

3. Learned counsel for the petitioner has argued that the petitioner is Learned counsel for the petitioner has argued that the petitioner is Learned counsel for the petitioner has argued that the petitioner is Learned counsel for the petitioner has argued that the petitioner is ase. It is submitted that the innocent and has been falsely implicated in the present case. It is submitted that the innocent and has been falsely implicated in the present c innocent and has been falsely implicated in the present c petitioner is languishing in custody since 09.04.2025. Learned counsel further petitioner is languishing in custody since 09.04.2025. Learned counsel further petitioner is languishing in custody since 09.04.2025. Learned counsel further petitioner is languishing in custody since 09.04.2025. Learned counsel further submits that the petitioner was not named in the FIR as the same was registered submits that the petitioner was not named in the FIR as the same was registered submits that the petitioner was not named in the FIR as the same was registered submits that the petitioner was not named in the FIR as the same was registered nt of robbery against unknown persons. It is also contended that no specific amount of robbery against unknown persons. It is also contended that no specific amou against unknown persons. It is also contended that no specific amou has been mentioned by the complainant in the FIR, which creates doubt regarding has been mentioned by the complainant in the FIR, which creates doubt regarding has been mentioned by the complainant in the FIR, which creates doubt regarding has been mentioned by the complainant in the FIR, which creates doubt regarding the veracity of the allegations. Learned counsel has further argued that no Test the veracity of the allegations. Learned counsel has further argued that no Test the veracity of the allegations. Learned counsel has further argued that no Test the veracity of the allegations. Learned counsel has further argued that no Test Identification Parade was ever conducted and there is no eyewitness to the alleged Identification Parade was ever conducted and there is no eyewitness to the allege Identification Parade was ever conducted and there is no eyewitness to the allege Identification Parade was ever conducted and there is no eyewitness to the allege incident. It is further submitted that the amount allegedly recovered from the incident. It is further submitted that the amount allegedly recovered from the incident. It is further submitted that the amount allegedly recovered from the incident. It is further submitted that the amount allegedly recovered from the , which cannot be connected with the petitioner is only a meagre sum of Rs.3,000/-, which cannot be connected with the , which cannot be connected with the petitioner is only a meagre sum of Rs.3,000/ alleged occurrence. It is also argued that the pistol which has been shown to be alleged occurrence. It is also argued that the pistol which has been shown to be alleged occurrence. It is also argued that the pistol which has been shown to be alleged occurrence. It is also argued that the pistol which has been shown to be the present case was actually handed over to the police by the co- recovered in the present case was actually handed over to the police by the co the present case was actually handed over to the police by the co the present case was actually handed over to the police by the co accused Ashutosh and not recovered from the conscious possession of the accused Ashutosh and not recovered from the conscious possession of the accused Ashutosh and not recovered from the conscious possession of the accused Ashutosh and not recovered from the conscious possession of the TRIPTI SAINI 2026.03.06 12:46 I attest to the accuracy and integrity of this document CRM-M-69927- -2025 (O&M) -3- petitioner. Learned counsel has further submitted that the case of the petitioner petitioner. Learned counsel has further submitted that the case of the petitioner petitioner. Learned counsel has further submitted that the case of the petitioner petitioner. Learned counsel has further submitted that the case of the petitioner d Ajay, who has already been granted the stands on parity with the co-accused Ajay, who has already been granted the d Ajay, who has already been granted the stands on parity with the co accused Ajay and the present concession of bail. The role attributed to the said co-accused Ajay and the present concession of bail. The role attributed to the said co concession of bail. The role attributed to the said co accused petitioner is similar in nature. It is further submitted that the remaining co-accused petitioner is similar in nature. It is further submitted that the remaining co petitioner is similar in nature. It is further submitted that the remaining co e petitioner is also entitled to the have also been granted bail and therefore the petitioner is also entitled to the e petitioner is also entitled to the have also been granted bail and therefore th concession of bail on the ground of parity. concession of bail on the ground of parity.

4. filed the custody On the other hand, learned State counsel has filed the custody On the other hand, learned State counsel has On the other hand, learned State counsel has opposed the present certificate and status report, which are taken on record and has opposed the present certificate and status report, which are taken on record and has certificate and status report, which are taken on record and has bail petition. He has submitted that serious allegations have been levelled against petition. He has submitted that serious allegations have been levelled against submitted that serious allegations have been levelled against accused committed the petitioner. It is argued that the petitioner along with his co-accused committed the petitioner. It is argued that the petitioner along with his co the petitioner. It is argued that the petitioner along with his co robbery at robbery at robbery at robbery at the medical store and the medical store and the medical store and the medical store and threatened the complainant with dire threatened the complainant with dire threatened the complainant with dire threatened the complainant with dire hat during the course of investigation a sum consequences. It is further submitted that during the course of investigation a sum hat during the course of investigation a sum consequences. It is further submitted t of Rs.13,000/- and a country made pistol have been recovered in the present case, and a country-made pistol have been recovered in the present case, made pistol have been recovered in the present case, which was allegedly used during the commission of the offence. Learned State which was allegedly used during the commission of the offence. Learned State which was allegedly used during the commission of the offence. Learned State which was allegedly used during the commission of the offence. Learned State the petitioner are grave in counsel further submits that the allegations against the petitioner are grave in counsel further submits that the allegations against counsel further submits that the allegations against nature and if he is released on bail at this stage, there is every likelihood that he nature and if he is released on bail at this stage, there is every likelihood that he nature and if he is released on bail at this stage, there is every likelihood that he nature and if he is released on bail at this stage, there is every likelihood that he may influence the prosecution witnesses and hamper the trial. Therefore, the may influence the prosecution witnesses and hamper the trial. Therefore, the may influence the prosecution witnesses and hamper the trial. Therefore, the may influence the prosecution witnesses and hamper the trial. Therefore, the present petition deserves to be dismissed. present petition deserves to be dismissed.

5. ned counsel for the parties and have gone through the I have heard learned counsel for the parties and have gone through the ned counsel for the parties and have gone through the I have heard lear record of the case. record of the case.

6. In the present case, the petitioner was not named in the FIR as the In the present case, the petitioner was not named in the FIR as the In the present case, the petitioner was not named in the FIR as the In the present case, the petitioner was not named in the FIR as the case was initially registered against unknown persons. It is also a matter of record case was initially registered against unknown persons. It is also a matter of record case was initially registered against unknown persons. It is also a matter of record case was initially registered against unknown persons. It is also a matter of record ion Parade was conducted during the investigation. The that no Test Identification Parade was conducted during the investigation. The ion Parade was conducted during the investigation. The that no Test Identificat , which prima amount allegedly recovered from the petitioner is only Rs.3,000/-, which prima amount allegedly recovered from the petitioner is only Rs.3,000/ amount allegedly recovered from the petitioner is only Rs.3,000/ facie does not appear to be directly connected with the alleged occurrence. The facie does not appear to be directly connected with the alleged occurrence. The facie does not appear to be directly connected with the alleged occurrence. The facie does not appear to be directly connected with the alleged occurrence. The TRIPTI SAINI 2026.03.06 12:46 I attest to the accuracy and integrity of this document CRM-M-69927- -2025 (O&M) -4- d in the present case was not recovered pistol which has been shown to be recovered in the present case was not recovered d in the present case was not recovered pistol which has been shown to be recovere from the possession of the petitioner and rather the same was allegedly handed from the possession of the petitioner and rather the same was allegedly handed from the possession of the petitioner and rather the same was allegedly handed from the possession of the petitioner and rather the same was allegedly handed accused Ashutosh. It is further not disputed that the over to the police by the co-accused Ashutosh. It is further not disputed that the accused Ashutosh. It is further not disputed that the over to the police by the co accused Ajay, who has case of the present petitioner stands on parity with the co-accused Ajay, who has case of the present petitioner stands on parity with t case of the present petitioner stands on parity with t already been granted bail and the role attributed to both of them is similar in already been granted bail and the role attributed to both of them is similar in already been granted bail and the role attributed to both of them is similar in already been granted bail and the role attributed to both of them is similar in nature. The petitioner has been in custody for the last about 10 months and 24 days nature. The petitioner has been in custody for the last about 10 months and 24 days nature. The petitioner has been in custody for the last about 10 months and 24 days nature. The petitioner has been in custody for the last about 10 months and 24 days lly when a number of and the conclusion of trial is likely to take some time, especially when a number of and the conclusion of trial is likely to take some time, especia and the conclusion of trial is likely to take some time, especia prosecution witnesses are yet to be examined. The mere pendency of another prosecution witnesses are yet to be examined. The mere pendency of another prosecution witnesses are yet to be examined. The mere pendency of another prosecution witnesses are yet to be examined. The mere pendency of another criminal case against the petitioner cannot by itself be a ground to deny the criminal case against the petitioner cannot by itself be a ground to deny the criminal case against the petitioner cannot by itself be a ground to deny the criminal case against the petitioner cannot by itself be a ground to deny the concession of bail and the present petition cannot be rejected solely on the ground concession of bail and the present petition cannot be rejected solely on the groun concession of bail and the present petition cannot be rejected solely on the groun concession of bail and the present petition cannot be rejected solely on the groun that the petitioner is involved in another case. that the petitioner is involved in another case.

7. As As As As regards regards regards regards submission of submission of submission of submission of learned State learned State learned State learned State counsel counsel counsel counsel , reference is placed upon the judgment of petitioner is involved in more criminal cases, reference is placed upon the judgment of , reference is placed upon the judgment of petitioner is involved in Maulana Mohd. Amir Rashadi Vs. State of U.P. and the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. State of U.P. and Maulana Mohd. Amir Rashadi Vs. State of U.P. and the Hon'ble Supreme Court in ‘