CRM-M- IN 289(1) Arbaj Khan v. State of Ha CORAM: Present: AARADHN 1. 26.12.202 (3)(4)(5), 2 Arms Act, petition und similar reli 28.8.2025. 2. hereinbelow Station, Ra outside Pow -70641-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA j Khan of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Arnav Ghai, Advocate for Mr. Vishal Singh, AAG, Harya **** ADHNA SAWHNEY, J. (Oral) Petitioner, who is an accuse .2024, registered against him under )(5), 238(1), 324(5), 48, 49, 190, 19 s Act, at Police Station Radaur, Distric ion under Section 483 of BNSS for gra ar relief was dismissed as withdrawn 2025. Relevant facts taken from nbelow:- On 26.12.2024, a telephonic in , Radaur regarding firing on three Power Gym, Kheri Lakha Singh. U 1- PUNJAB AND HARYANA AT DIGARH CRM-M-70641-2025 Date of Decision: 17.02.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. ate for the petitioner. , Haryana. accused in case FIR No. 309 date under Sections 103(2), 61(2), 111(2 90, 191(3) of BNS and Section 25 o District Yamuna Nagar, has filed the rant of bail. Earlier petition seekin drawn from this Court vide order date from the status report be notice nic information was received in Polic hree boys by some unknown person h. Upon this, SI/SHO Sandeep Kuma .2026 dated 111(2) n 25 of d the 2nd seeking er dated noticed Police ersons umar GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- along with No. HR-02 call from G Pal, reside son of Paw due to gun resident of Sandeep K Yamuna Na of decease met the pol 8.41 AM 816863540 Jaibir Sing was told th outside Po Hospital, Y found an in name as A and Panka mortuary. Complaina gunshots a out a fatal requested t appropriat -70641-2025 -2 with other police officials reached a 02GV-1834 driven by Pushpinder. om Gaba Hospital, Yamuna Nagar sident of Makhmulpur, Badout, Dis Pawan Kumar, resident of village G gunshot injuries, whereas the other t of village Unheri is admitted. O p Kumar along with other police a Nagar and obtained ‘ruqa’ and M eased Virender, namely, Narender police team and got recorded his st M on 26.12.2024, he noticed a 35409 from mobile No. 981339677 Singh. At about 8.46 AM, when he m ld that some unknown persons had Power Gym at Kheri Lakha Singh al, Yamuna Nagar. Complainant an injured boy admitted in ICU. On Arjun and also pointed out that t ankaj have died due to gunshots, w . But the injured had been ainant further alleged that due to en ts at Virendra’s car (Scorpio) (N) atal armed assault killing Virender ted the police authorities to catch h riate proceedings against them. W 2- ed at the spot in Government vehic der. On the way, again he received agar that Pankaj, son of Shri Brah , District Shamli (UP) and Virende ge Golani, have been brought ‘dea ther injured Arjun, son of Netar Pa . On the said information, SI/SH lice officials reached Gaba Hospita nd MLR of injured Arjun. The cous der Singh, son of Late Sombir Sing is statement to the effect that at abo a missed call on his mobile N 6775 of his uncle Pawan Kumar @ he made a phone call to his uncle, had fired shots on his son Virend Singh, who was being taken to Gab ant reached at Gaba Hospital an . On enquiry, the doctor disclosed h hat two other boys, namely, Virend , whose dead bodies were kept een referred to PGI, Chandigar o enmity, some unknown persons fire (N) No. HR-02AV-0067 and carrie der and Pankaj Malik. Complaina ch hold of the assailants and initia . With this backdrop, a formal ca ehicle ived a rahm ender, dead’ r Pal, I/SHO spital, cousin Singh about e No. ar @ cle, he render Gaba l and ed his render ept in igarh. s fired arried ainant nitiate l case GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- vide FIR N (3)(4)(5), 2 Act, at Poli bloodstains broken glas gym, broke brand PPU fired cartrid 9MM total brand 9 MM fired broke colour) par conductor 02AC-8989 possession. Examinatio conducted opined that its complic nature. H bodies wer cameras in notice of th No. HR-01 -70641-2025 -3 IR No. 309 dated 26.12.2024, was re 5), 238(1), 324(5), 48, 49, 190, 191( Police Station Radaur, District Yam The incriminating material l dstains of the victim, broken glass p en glass pieces of the window of Boler broken glass pieces of glass door of R d PPU 7.62 total 20 shells, fire cartrid cartridge brand 7.62 2ZS&B total 3 s total 15 shells and one live round KF d 9 MM 2Z04 OK with one live roun broken bullets and coin pieces, vehi r) parked at incident in front of Power uctor side window glass was broke 8989 (Splendor) brand, silver in ession. Inquest proceedings were ination of dead bodies of deceas ucted by the Board of Doctors in Civ ed that “cause of death in this case is plications which are sufficient to c . However, viscera sent for chem es were handed over to their families ras installed around the incident we e of the police authorities that the wh 01AH-0015 was used by the accu 3- registered u/s 103(2), 61(2), 111( 191(3) of BNS and Section 25 of Arm Yamuna Nagar. erial lying at the spot including th lass pieces of the window of Scorpi Bolero car parked in front of the pow or of Raj Health Clinic, fired cartridge cartridge brand KF-7.65 total 18 shell tal 3 shells, fired cartridge brand KF und KF 9MM 2Z94 with one live roun e round brank KF-21 9MM 2Z and th s, vehicle No. HR-58C-6442 (white Power Gym Khedi Lakha Singh, whos broken, motorcycle bearing No. HR er in colour were taken into polic were conducted and Post Morte deceased Pankaj and Virender we in Civil Hospital, Yamuna Nagar, wh e is fire arm ammunition injuries an to cause death in ordinary course hemical analysis.” After that dea amilies to perform last rituals. CCT nt were checked when it came to th white coloured Fortuner car bearin e accused persons/shooters to flee fro 111(2) f Arms ing the Scorpio, e power rtridges 8 shells, F-21 e round and the white in , whose o. HR- police Mortem er were ar, who es and rse of at dead CCTV e to the bearing ee from GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- the crime s of Mani Ra investigatio Khan (peti aforesaid A 26.12.2024 checked, it constant to Singh, resi members o that Virend and his you USA along several cas youngsters collect mon enmity with Rana, Sunn Malik and and planned Rana etc. 25.12.2024 Hemant Gi Ankit Girir Restaurant, Sunny Sale -70641-2025 -4 rime scene. The said car was register ani Ram, resident of Kaimla, District tigation stated that he had sold the ve (petitioner), son of Munabbar, resid said Arbaj Khan (P) along with one .2024. When the mobile phone h , it came to the notice of the pol tant touch with Gangster Baljinder Si , resident of village Salempur Ban bers of Kala Rana Noni Rana Gang Virender Pratap @ Kala, presently lo his younger brother Surya Pratap @ N along with his partner Baljinder Sing ral cases of extortion of money, murd gsters to join their gang and after issu ct money from prominent businessm ty with the liquor contractors, which is , Sunny Salempur has enmity with Rin k and Arjun Rana etc. They all hatch lanned to murder Rinku Rana, Virend etc. It also came to the notice o .2024, co-accused Sunny Salempur h ant Giri @ Ankit Giri. In furtherance t Girir and Harsh Bali along with a thi aurant, Chhachhrauli on their motorcy y Salempur, Arbaj Khan (P) along wi 4- egistered in the name of one Rajbir, so istrict Karnal, who when joined in th the vehicle about 2 years ago to Arba , resident of Tajewala. Consequentl th one Sachin Handa was arrested o one handset of Arbaj Khan (P) wa he police authorities that they were der Singh @ Sunny, son of Paramje r Bangar, both of whom were activ ang. Police authorities also found o ntly lodged in Bhondsi Jail, Gurugra @ Noni Rana (who has fled away er Singh @ Sunny), all are involved , murder etc. These people encourag er issuing extortion threats, sent them nessmen of the area. They have als hich is the reason why Kala Rana, No Rinku Rana, Virender Rana, Panka ll hatched a conspiracy with each oth Virender Rana, Pankaj Malik and Arju tice of the police authorities that o mpur had telephonic conversation wi rance of their plan, both Hemant Giri th a third person reached Sanjha Chulh otorcycle, where on the instructions o ng with his uncle’s son Rakiya reache , son n the o Arbaz quently, sted on was were in ramjeet e active und out urugram away to olved in courage them to ve also , Noni Pankau ch other d Arjun that on on with t Giri @ Chulha tions of reached GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- in Fortuner Ankit Giri offence. O along with their Fortun Shubham P incident. C the road sid resident of Makhmulpu Virender d Mohali on 2 (petitioner) were recov statements phones an possession. Chirag Bha got recove Vishant @ other mater Toll Plaza, crossed the phones rec -70641-2025 -5 rtuner car and handed over the car to t Giri along with arms and ammunitio ce. On the following day, co-accuse with Romil Vohra and others arrived Fortuner car, motorcycles were hande ham Pandit and three others. After ent. Co-accused Harsh Bali and Hem oad side. At about 8.15 AM in accord ent of Unhedi, Virender resident of hmulpur UP were shot at by firing nder died at the spot. Arjun succumbe ali on 29.12.2024. In pursuance of disclosure s tioner), fortuner car used in the comm recovered, which were taken into ments made by co-accused Gurvinder es and motorcycles were recovere ession. On 11.1.2025, co-accused ag Bhatia @ Nanu and Karan Kumar w ecovered their mobile phones. Afte ant @ Vishu, car (make Toyata) used material to the shooters were recove Plaza, Gharaunda also indicated that ed the Toll Plaza in a car. They were es recovered from their possession a 5- car to Harsh Bali and Hemant Giri @ unition to be used in the commission o accused Hemant Giri and Harsh Ba arrived outside hotel Shubham Pandit handed over to shooters Romil Vohr After which they left for the place o Hemant Giri took the car and stood o accordance with their prior plan, Arju nt of Gloni, Pankaj Malik resident o firing 56 rounds. Pawan Malik an cumbed to his injuries at Max Hospita sure statement made by Arbaj Kha commission of offence mobile phon o possession. On the disclosu vinder Singh and Suraj @ Bobi, mobi covered which were also taken in cused Amninder Singh was arreste umar were arrested on 16.1.2025. The . After the arrest of Pardeep Kuma a) used by them to deliver clothes an recovered. CCTV cameras installed d that co-accused Pardeep Kumar ha y were also arrayed as accused. Mobi ssion as also the other mobile phone Giri @ ssion of rsh Bali andit in l Vohra, place of tood on , Arjun, ident of lik and ospital, j Khan e phone sclosure , mobile en into arrested. 5. They Kumar, hes and talled at mar had Mobile phones GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- recovered examinatio accused Pa directs the Paramjeet confessed t who had other unide accused we them, have investigatio Arbaj Kha principal co The fortun provided b recovered a showed tha Gangster B Rana Gang Additional 12.11.2025 petition has -70641-2025 -6 ered at the instance of other accuse ination. It is the case of prosecution sed Paramjeet Singh, who is not in ts the other members of the gang mjeet Singh, was arrested on 15.4.2 essed that his son Sunny Salempur is had sent the main shooters (Romil V unidentified persons to his house sed were arrested at various interval , have also been highlighted in t tigations qua the petitioner are comple As per the case of prosecut j Khan played an important role in ipal conspirator, he aided/abetted the fortuner car used by the assailants t ided by him along with arms and a ered at his instance. Further, his m ed that he, both before and after the in ster Baljinder Singh @ Sunny, an ac Gang. Petitioner moved an applicatio tional Sessions Judge, Yamuna Naga .2025, dismissed the said applicatio ion has been filed for grant of bail. 6- accused, were deposited in CFSL fo ution that Sunny Salempur, son of ot in India, is the main accused, wh gang. They act on his instruction 15.4.2025, who during interrogatio is the main handler of the incide omil Vohra, Shubham Pandit and tw ouse before the incident. The oth tervals, details of the roles played b in the status report. Admittedl omplete. rosecution, present petitioner, namel role in the entire incident. Being ed the commission of heinous offenc lants to reach the disclosed place wa and ammunition. The said car wa his mobile phone when searched als r the incident was in constant touch wi , an active member of Kala Rana No lication for grant of bail before learne a Nagar, who in terms of order date lication. Aggrieved of which, prese FSL for n of co- , who uctions. ogation, incident and two e other ayed by ittedly, namely, Being a offence. ace was car was ed also ch with na Noni learned er dated present GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- 3. was not na Further ap connecting bearing No with a view rivalry with himself in t prosecution Sunny Sale petitioner w Rather, pet appear in ex raised by l vehicle to o was used du young boy to be taken but likeliho prosecution allowing the 4. State counse whose past which gunsh -70641-2025 -7 Learned counsel for the petitio not named in the FIR, has been false er apart from his disclosure statem ecting him with the commission of offe ng No. HR-01AH-0015 and mobile pho a view to connect him with the commissi y with the deceased and thus, there w self in the incident. Continuing further, learned cution is relying upon ‘whatsapp’ con y Salempur, but a bare perusal of th oner was unaware of the purpose for w r, petitioner had been insisting for re r in examination; (he being a law stude by learned counsel is that petitioner le to one Sachin Handa was totally un sed during the intervening period. It is further the submission of g boy who has been in custody since 2 taken in his favour, for investigations a kelihood of the trial being completed in cution has cited as many as 71 witn the petition has been made. Per contra, while opposing the counsel contends that there are serious past antecedents are far from satisfa gunshots were fired at Arjun, Pankaj 7- petitioner contends that petitioner, wh falsely implicated in the present case statement, there is no other evidenc of offence. False recovery of fortuner c ile phone was planted on petitioner on ommission of offence. Petitioner had n ere was no occasion for him to involv ed counsel contends that thoug conversations between petitioner an of the screen shots would reveal th se for which the vehicle was to be use for return of the vehicle, as he had student). Thus, the crux of submissio titioner, who had unknowingly lend h unaware as to how the said vehic ssion of learned counsel that petitioner since 26.12.2024, deserves a lenient vie tions are complete, challan has been file leted in the near future is quite remote witnesses to be examined. Prayer the request for grant of bail, learne serious allegations against the petitione satisfactory. Infact, after the incident ankaj and Virender, two of whom passe er, who nt case. vidence uner car ner only r had no involve though ner and eal that be used. had to mission lend his vehicle tioner a nt view en filed, mote as for learned titioner, ident in passed GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- away and during whic which was registered said vehicle petitioner was checke petitioner who is pre Salempur, Salempur, fortuner car petitioner the likeliho Court and view of su prayed for. 5. on record. 6. have alread been highli affidavit of Force (Har petitioner, authorities petitioner th -70641-2025 -8 one suffered serious injuries, polic which they noticed a white coloured was used by the assailants to flee fro in the name of one Rajbir, who vehicle has been sold to Arbaj Khan (p came to be arrested on 26.12.2024 hecked, it came to the notice of the in was in constant touch with dread presently abroad. In fact, he pur, both before and after incident. pur, he provided logistic support to th car, arms and ammunition. Thus, is one of the main conspirators. kelihood of him fleeing from the proc and overawing complainant and relate submissions and gravity of offen for. Heard learned counsel for the cord. Factual aspects of the case lea already been noticed in para 2 of the highlighted in the status report date vit of Aman Kumar, HPS, Deputy Sup (Haryana), Karnal. Fortuner car , which was noticed around the s rities looked at the CCTV cameras oner that he had lend the car to one of h 8- police authorities initiated investigatio loured fortuner car around the inciden from the crime scene. The car w who when questioned disclosed that (petitioner). This is how the prese 2.2024. Further, when his mobile phon investigating agency that the prese dreaded criminal, the kingpin (Sunny had had conversation with Sunn Acting on the directions of Sunn the assailants by providing them as per learned State counsel, prese If extended the concession of ba process of justice by not appearing related witnesses cannot be ruled out. offence, dismissal of the petition w the parties and perused the documen leading to the registration of the FI the order. Role of petitioner has als rt dated 27/28.1.2026 filed by way ty Superintendent of Police, Special Tas car was recovered at the instance the scene of incident, when the polic meras installed near the site. Plea of his friends and was unaware for th stigation, incident, was the present phone present (Sunny), Sunny Sunny the present bail, aring in out. In was cuments FIR has also way of ial Task ance of e police Plea of e for the GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document CRM-M- purpose for sound conv (who is pre record indic offence by ammunition involved in registered Police Sta 31.03.2024, Police Stat light of fact the opinion overawing/ from the pro BNSS, the C settled that involving se 7. on the meri this stage, devoid of a 17.02.2026 gbs -70641-2025 -9 se for which the same was to be use convincing. That apart, he was found is presently abroad), and was acting on indicate that he is one of the conspira y not only lending the fortuner ca unition. Even his past antecedents d in two more criminal cases bearin stered under Sections 148, 149, 323, 3 e Station Partap Nagar, Yamuna .2024, registered u/s 285, 34, 201 I e Station Partap Nagar, Yamuna Na of facts and connecting circumstances pinion that if extended the concession wing/influencing material witnesses, ta the process of justice by not appearing i While exercising jurisdiction , the Court is mindful of the fact that th d that the same is not to be granted ving serious offences. In view of discussion made her e merits of the case, lest it may prejudic stage, is made out in favour of petitione id of any merit is hereby dismissed. .2026 Whether Speaking/reasoned Whether Reportable 9- be used, at least, as this stage, does n s found to be in constant touch with Sunn ting on his instructions. Facts brought o nspirators, who aided the commission ner car but also by providing arms an dents are far from satisfactory; bein s bearing FIR No. 91 dated 08.06.202 323, 341, 506 of Indian Penal Code, una Nagar and FIR No. 60 date 201 IPC and 25, 54 of Arms Act, na Nagar. Thus, when viewed in th ances brought on record, this Court is ession of bail, the chances of petition sses, tampering with the evidence, fleein aring in the Court cannot be ruled out. iction under Section 439 Cr.P.C./48 that though ‘Bail is rule’ but it is equal granted as a matter of course in case de hereinabove, but without commentin rejudice trial, no case for grant of bail titioner. Accordingly, the petition bein (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No oes not h Sunny ught on ission of rms and ; being 6.2024, ode, at dated , at d in the urt is of etitioner , fleeing out. .C./483 equally in cases menting f bail, at n being NEY) GURBACHAN SINGH 2026.03.09 11:19 I attest to the accuracy and integrity of this document