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CRM-M-13666-2024 -1- 212 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13666-2024 Date of decision:-25.04.2025
ANKUSH
... Petitioner Versus
STATE OF HARYANA
... Respondent
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. Keshav Sharma, Advocate and Mr. Ravinder Chaudhary, Advocate, for the petitioner. Mr. Amrik Singh Narwal, DAG, Haryana. ***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 439 of the Criminal Procedure Code for grant of regular bail in the following case (Annexure P-1):- FIR No. Dated Sections Police Station 255 30.06.2023 323, 307, 387, 506, 34 & 120B IPC and 25 of Arms Act City Thanesar, District Kurukshetra o. 2), Mo
2.
Arguments heard. 3. It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case and is in custody since 11.07.2023. He contends that no recovery has been effected from the petitioner in the present case so as to connect him with the alleged occurrence and he has been implicated in the present case without any rhyme or reason, he as such, prayed for grant of regular bail to Gyan Chand 2025.04.30 10:34 I attest to the accuracy and integrity of this document
CRM-M-13666-2024 -2- the petitioner. 4. Per contra, learned State counsel referring to the reply submitted by the State has opposed the bail petition and contends that the petitioner being a gangster has actively participated in the commission of the crime wherein the complainant and his family members were attacked with an intent to kill them by his accomplice on his specific direction and ₹ thereafter ransom call demanding 1 crore from the complainant was made threatening him of dire consequences on his failure to pay the same. He contends that the petitioner has 17 similar cases of heinous crimes registered against him and if released on bail he will indulge in anti social activities again, hence prayed for dismissal of the bail petition. 5. After considering the rival contentions and perusing the record, it transpires that the instant FIR was registered on the complaint moved by complainant Sanjay Kumar alleging that he has ILETS Centre in Kurukshetra and on 30.06.2023 in the evening he was going on his vehicle to his house in the Village alongwith his wife and son while Balram was driving the vehicle then at about 5 pm when the car was going on to climb Sunderpur flyover then two persons came on motorcycle from behind and fired 7-8 bullets, the occupants of car could save their lives by ducking whereas the driver received bullet injury on his face, thereafter, a threat call was received by his employee Heena, wherein the caller introduced himself ₹ as Aman Sambhi, a member of Ankush Kamalpur Gang demanding 1 crore, failing which the complainant will be eliminated.
On the basis of these allegations, FIR was registered and investigation started and during the course of which the petitioner being a gangster heading Ankush Kamalpur Gyan Chand 2025.04.30 10:34 I attest to the accuracy and integrity of this document
CRM-M-13666-2024 -3- Gang was nominated and arrested. As per the version of the prosecution there is chain of circumstances connecting the petitioner with the said occurrence showing his active involvement therein, besides the petitioner is also facing a number of other criminal cases for committing heinous crimes in the State of Haryana and Rajasthan. 6. Considering all these circumstances and the fact that the petitioner happens to be a habitual offender, actively involved in anti-social activities in operating a gang involved in extortion, killings, and also considering the factum of the specific involvement of the petitioner, in the present case, does not entitle him to concession of regular bail at this stage, as a consequent, the petition is hereby dismissed. 7. Any observation made above shall not be construed as opinion of this Court on the merits of the case. (SANJIV BERRY) JUDGE 25.04.2025 Gyan i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Gyan Chand 2025.04.30 10:34 I attest to the accuracy and integrity of this document