CRM-M-33693-2025(O&M) -1- 236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33693-2025(O&M) Date of Decision:19.08.2025 Paramjeet …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Samay Singh Sandhawalia, Advocate for the petitioner. Mr. Rajiv Sidhu, Sr. DAG, 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 to him in case FIR No.547 dated 23.09.2024 registered under Sections 111(3), 238(b), 3(5) of BNS, and Section 25(6) of Arms Act, at Police Station Kharkhoda, Sonipat. 2. The FIR in the present case was registered on the basis of the statement made by SI Manoj Kumar and the same has been reproduced below:- “To the SHO P.S. Kharkhoda, District Sonipat. Today, I, P/SI was present in the premises of Special Task Force Unit, Rohtak, where in connection with the murder case committed by gangster Himanshu alias Bhau in Village Kharad Alipur, District Hisar bearing FIR No.678 dated 15.08.2024 registered at P.S. Sadar Hisar, a notice was given on 21.09.2024 to Manesh alias Monu son Om Prakash, resident of Village Prahaladpur (Kidoli) for joining investigation on 22.09.2024. Since the above case is related to organized crime/gang, senior officers have also given HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document CRM-M-33693-2025(O&M) -2- separate instructions to all the units of Special Task Force to work in the above case. On 22.09.2024, Manesh appeared in the premises of Special Task Force Unit, Rohtak. I, P/SI conducted enquiry on him. On my interrogation, Manesh alias Monu disclosed that "I was in jail for robbery, dacoity and murder case and I was released from jail about 1½ years ago. I have a good friendship with gangsters Himanshu alias Bhau and Sahil. About four months ago, gangster Himanshu alias Bhau contacted me on mobile phone through social media App and got a bag of weapons kept near KMP bridge, near Asoda, District Jhajjar. I brought it with me. About one and a half months ago, on the instructions of Himanshu alias Bhau, I sent that bag of weapons to Sonu, resident Kharad on Sundarpur drain Rohtak through my Mausi's son Vikram alias Kandu, resident Badli. Out of those weapons, I kept about 300 live rounds of different types and one country made pistol and two magazines with me. I have kept hidden the country made pistol and live rounds in a broken washing machine in my cattle shed. I can get them recovered". The inquiry is worth considering. After informing the officers about this information, 1, P/SI alongwith SI Ranbir Singh No.331/H, Ct. Praveen No.690/FBD in government vehicle bearing No.HR-26- GV-9971, driver of which was HC Surender No.2042/RTK alongwith Manesh @ Monu reached at the cattle shed in the house of Manesh @ Monu at Village Prahladpur, where I met an independent witness Anil son of Jagbir Singh, resident of Prahladour Kidoli near his house. After informing him about the information, reached at the house of Manesh. Manesh himself entered into the cattle shed and got recovered a white coloured bag from inside a broken washing machine. On checking it, a country made pistol, another empty magazine and 288 live rounds of different bore were recovered from inside it. When the recovered pistol was inspected, it was found empty. On its barrel, Marshal France was written in English HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document CRM-M-33693-2025(O&M) -3- and on both sides of the butt, black coloured plastic strip was attached. After preparing a separate rough sketch of the country made pistol, another empty magazine and live rounds, the measurement of the country made pistol was conducted, then length of barrel including body came to 16 cm and the length of the butt was 9 CM. A separate parcel of the country made pistol, another empty magazine and live rounds was prepared and sealed the same with seal impression 'TC'. Seal after use was handed over to HC Surender No.2042/RTK. The recovered country made pistol, another empty magazine and live rounds were taken into police possession as evidence vide separate seizure memo. Accused and witnesses appended their signatures on the said memo and rough sketch. The videography of the proceedings was done separately by Ct. Praveen No.690/FBD through my phone as per my instructions. The above person Manesh, being a member of an organized gang, has committed the offence under Section 25(6) of the ARMS AMENDMENT ACT 2019 and Section 111(3) of the BNS by exchanging illegal weapons for the gang and by illegally possessing a country made pistol, another empty magazine and live rounds. Upon which, after writing ruqa, same is being sent to police station by hand through Ct. Praveen No.690/RTK for registration of FIR and after. registering FIR, number of which be informed. Senior officers be informed about the facts of the case. For further investigation of the case, some another Investigating Officer from the Special Task Force Unit, Rohtak should be sent at the spot. Today, at Village Kidoli Prahladpur. Sd/- P/SI Manoj, Special Task Force, Rohtak dated 23.09.2024 at 12.05 am.” 3. Learned counsel for the petitioner contends that the petitioner was not initially named in the FIR and has been named on the basis of the disclosure statement suffered by his co-accused. He further contends that similarly placed co-accused, namely, Rahul @ Bhola has been granted the concession of bail by HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document CRM-M-33693-2025(O&M) -4- this Court, vide order dated 08.05.2025 passed in CRM-M-13221-2025 (Annexure P-2). The petitioner was arrested in the present case on 18.11.2024 and is in custody for the last about 09 months. 4. On the other hand, reply by way of an affidavit of Deputy Superintendent of Police, State Task Force, Rohtak has been filed by learned State counsel and the same is taken on record. He has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that two more cases have been ordered to be registered against the petitioner and he does not deserve the concession of bail by this Court. However, he does not dispute the fact that the case of the petitioner is at par with co-accused, Rahul @ Bhola, who has been admitted to bail by this Court. 5. I have heard the learned counsel for the parties and perused the record. 6. In the present case, the petitioner is in custody for the last about 09 months. Even a similarly placed co-accused, Rahul @ Bhola has been granted the concession of bail by this Court, vide order dated 08.05.2025 passed in CRM-M-13221-2025 (Annexure P-2). 7. 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 2025.08.20 01:39 I attest to the accuracy and integrity of this document CRM-M-33693-2025(O&M) -5- (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. (viii) The petitioner shall report every 1st Monday in English calander month to the concerned SHO till the conclusion of the trial and SHO shall mark his presence by making an entry in the rojnamcha. In case, he does not report on every 1st Monday to the concerned SHO, it shall be viewed seriously and the concession granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an appropriate application in this regard. 8. Pending application stands also disposed of. (N.S.SHEKHAWAT) 19.08.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.08.20 01:39 I attest to the accuracy and integrity of this document