Extracted from the PDF above. The PDF is authoritative.
CRM-M-32819-2025 -1- 254 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32819-2025 Date of Decision:24.07.2025 Rajesh Legha alias Rajesh …Petitioner vs. State of Haryana …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Raman Chawla, Advocate for the petitioner. Mr. Dhurv Dayal, Addl. Advocate General, Haryana. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.170 dated 01.03.2025 registered under Sections 25(1B)(a) of Arms Act, at Police Station Azad Nagar, Hisar, District Hisar (and later on during presentation of report under Sections 193 dated 26.05.2025 of BNSS Act, 2023, the offence under Sections 25(6), 25(1-C) and 29 of Arms Act 1959 and offence under Sections 111(20(b) of BNS were added).
2.
Learned counsel for the petitioner contends that as per the case of the prosecution, the police had apprehended Ankit son of Surender Kumar, who was found having two pistols of .32 bore along with 5 live cartridges in the pockets of his trouser. As the investigation progressed, the disclosure statement of Ankit was recorded and he had named Aman as one of the supplier. Aman was also arrested and during his interrogation, he had named the present petitioner as supplier of weapon. The petitioner was arrested on 07.04.2025 and HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document
CRM-M-32819-2025 -2- is in custody since then. Learned counsel further contends that the trial Court had rejected the bail application of the petitioner on the ground that he may tamper with the evidence of the prosecution in the present case. However, there was no material to support the said findings. The petitioner is in custody for the last more than 03 months and no witness has been examined so far.
3. On the other hand, status report by way of an affidavit of Deputy Superintendent of Police, H.Q. Hisar has been filed by learned State counsel in Court today and the same is taken on record. Learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that there are two more cases against the petitioner and he is a habitual offender.
4. I have heard the learned counsel for the parties and perused the record.
5. In the present case, the petitioner was not initially named as an accused in the present case and has been nominated on the basis of the disclosure statement of co-accused. Further, the evidentiary value of the offence collected against the petitioner is yet to be decided by the trial Court.
6. Thus, without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document
CRM-M-32819-2025 -3- ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.
(N.S.SHEKHAWAT) 24.07.2025
JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document