CRM-M-39590-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 240 CRM-M-39590-2025 (O&M) Date of decision: 23.09.2025 Vidyadhar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Manoj Tanwar, Advocate for the petitioner. Ms. Himani Arora, DAG, Haryana. MANISHA BATRA, J. (Oral) 1. Prayer in this petiton, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in case bearing FIR No. 114 dated 10.05.2024, registered under Sections 386, 506, 120-B and 384 of IPC and Sections 25(1-B)a, 25(6), 29(b) and 25(1a) of the Arms Act, 1959 at Police Station Farukhnagar, District Gurugram. 2. As per the allegations, on 10.08.2024, ASI Sanjay Kumar, posted at the aforementioned police station, received a secret information that some members of Lawrence Bishnoi gang, namely Rohit Godara, Naveen Boxer, Lipan Nehra and Pawan Nehra, were active in the city of Gurugram for extorting money from businessmen and rich people, the main members of the group were operating from foreign countries, some of them were lodged in jails and all of them were into contact with each other through different social media apps. It was also informed that they had even got murdered one MOHAMMAD WASEEM ANSARI 2025.09.23 18:06 I attest to the accuracy and integrity of this document CRM-M-39590-2025 (O&M) -2- businessman Sachin Goda in Rohtak. One of the members of this gang namely Rohit Godara had raised demand of ransom money of Rs.2 crores from owner of Maniram Grocery Store, Gurugram. It was informed that if the above mentioned persons and other members of the gang were apprehended and interrogated, huge quantity of contraband, ransom money and weapons could be recovered from them. On the basis of this information, the aforementioned FIR was registered. Investigation proceedings were initiated. During investigation, accused Dinesh @ Dinu was arrested on 10.05.2024. Recovery of two mobile phones, one .30 bore country made pistol along with five live cartridges was effected from him. On his identification, co-accused Jagdish @ Jaggu, Praeep, Sagar and Vishnu were also arrested on 12.05.2024, from whom also, different arms and ammunitions were recovered. Accused Ritesh @ Arya and Himanshu were arrested on 18.05.2024. One vehicle used by accused Himanshu at the time of committing offences had been recovered. Subsequently, accused Rupesh @ Naman, Ashish @ Deva, Harpal, Karan @ Kannu and Iqbal Singh @ Billa were arrested. On completion of investigation qua them, challan was presented in the Court. 3. As per the further allegations, some other persons including accused Jai Parkash were also nominated as additional accused and were arrested. Accused Jai Parkash suffered disclosure statement to the effect that he had handed over a bag containing a sum of Rs. 16 Lakhs to the petitioner and the same was given to one Kailash Pandey by the petitioner as per instructions of co-accused Mahender Saran. On the basis of the same, the petitioner was nominated in this case and was arrested on 17.02.2025. He got MOHAMMAD WASEEM ANSARI 2025.09.23 18:06 I attest to the accuracy and integrity of this document CRM-M-39590-2025 (O&M) -3- recovered one mobile phone used by him at the time of committing subject offences. Investigation qua him stands completed and he along with the co- accused is facing trial for commission of aforementioned offences. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement suffered by the above named co-accused, which cannot be considered to be admissible in evidence. The role which was attributed to him was that he had handed over a bag containing money to Kailash Pandey but said Kailash Pandey had been exonerated by the police. No recovery has been effected from him. Only his mobile phone has been recovered, which cannot be stated to be an incriminating piece of evidence. He is running a business and is not involved in any criminal activity. He has clean antecedents. His mother is suffering from Cancer. He was nominated as accused on the statement of co-accused Jai Parkash, who is simply his neighbour. No specific involvement in the commission of subject offences has been alleged against him. His further incarceration would not serve any useful purpose. It is, therefore, urged that the petition deserves to be allowed and the petitioner deserves to be released on bail. 5. Status report has been filed by the respondent-State. Learned State counsel has argued that the petitioner is a member of a gang operated by Lawrence Bishnoi, which is involved in extorting money from the businessmen and professionals by extending threats to them. On 28.04.2024, co-accused Jai Parkash had obtained ransom money to the tune of Rs.22 Lakhs and had given the same to the present petitioner, who had handed over MOHAMMAD WASEEM ANSARI 2025.09.23 18:06 I attest to the accuracy and integrity of this document CRM-M-39590-2025 (O&M) -4- the same to Kailash Pandey on the instructions of co-accused Mahender Saran. His complicity in the crime stands established. There are chances of his fleeing or committing similar offences, if released on bail. Hence, it is urged that the petition is liable to be dismissed. 6. This Court has heard the submissions made by both the sides. 7. The petitioner is alleged to be a member of notorious gangsters and in conspiracy with them is alleged to have taken a bag containing a sum of Rs.21 Lakhs from co-accused Jai Parkash, which was the money taken by way of extortion, and the same money was handed over by him to co-accused Mahender Saran. The allegations against the petitioner are based on the disclosure statement suffered by the co-accused. No recovery has been effected at his instance. It is only on the basis of evidence adduced at trial that the question of his involvement in commission of offences of extortion of money and criminal intimidation can be determined. More so, the allegations prima facie do not make out any case against the petitioner for commission of offences punishable under the provisions of the Arms Act. The petitioner does not have any criminal antecedents. He is in custody since 17.02.2025. Challan has been presented. Conclusion of trial would obviously take time. As such, no fruitful purpose is going to be served by keeping him in custody anymore. It is well settled proposition of law that the bail is the rule and jail is an exception. Keeping in view the discussion as made above, this Court is of the considered opinion that a case for release of the petitioner on bail has been made out. Accordingly, the petition is allowed. The petitioner is ordered to be MOHAMMAD WASEEM ANSARI 2025.09.23 18:06 I attest to the accuracy and integrity of this document CRM-M-39590-2025 (O&M) -5- released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. 23.09.2025 (MANISHA BATRA) Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.09.23 18:06 I attest to the accuracy and integrity of this document