CRM M-44080 296 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Hakam @ Jarrah State of Haryana CORAM: HON'BLE MR. JUSTICE Present : HARKESH MANUJA, of BNSS, 2023, petitioner in case bearing FIR No. under Sections 332, 353, and Sections 25 of the Arms Act, of Damage Sadar Tauru, District Nuh, wherein the with the allegations of having fired at the to kill; during the police party along with 10 accused, namely, Daud, from the policy custody. 2. investigation stands completed with the framing of charges and the petitioner is in custody for the last almost 02 years. He further submits that the petitioner was implicated on the basis of disclosure made by co already been granted the concession of regular ba and thus 44080-2024 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M Date of Decision: Hakam @ Jarrah VERSUS State of Haryana CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present : Mr.Farukh Abdullah, Advocate for the petitioner. Mr. Amit Aggarwal, DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present second of BNSS, 2023, prayer has been made for grant of regular bail to the petitioner in case bearing FIR No.157 dated 25.06.2021 registered under Sections 332, 353, 186, 224, 225, 511, 427 and 307 of IPC and Sections 25 of the Arms Act, 1959 and Section 3(2) of Prevention of Damage to Public Property Act, 1984, registered at Police Station Sadar Tauru, District Nuh, wherein the the allegations of having fired at the ; during the said incident, the petitioner the police party along with 10-15 boys with motive to rescue accused, namely, Daud, from the policy custody. Learned counsel for the petitioner submits that investigation stands completed with the framing of charges and the petitioner is in custody for the last almost 02 years. He further submits that the petitioner was implicated on the basis of disclosure made by co already been granted the concession of regular ba and thus the petitioner also deserves the concession of bail. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RM M-44080-2024 (O&M) Date of Decision: 16.01.2025 ...Petitioner ...Respondent HARKESH MANUJA , Advocate for the petitioner. Mr. Amit Aggarwal, DAG, Punjab. second petition filed under Section 483 has been made for grant of regular bail to the 157 dated 25.06.2021 registered 186, 224, 225, 511, 427 and 307 of IPC 1959 and Section 3(2) of Prevention 1984, registered at Police Station Sadar Tauru, District Nuh, wherein the petitioner has been implicated the allegations of having fired at the police party with an intention the said incident, the petitioner even pelted stones on 15 boys with motive to rescue accused, namely, Daud, from the policy custody. Learned counsel for the petitioner submits that the investigation stands completed with the filing of challan followed framing of charges and the petitioner is in custody for the last almost 02 years. He further submits that the petitioner was implicated merely on the basis of disclosure made by co-accused Daud, who has already been granted the concession of regular bail by the trial Court, deserves the concession of bail. 483 has been made for grant of regular bail to the 157 dated 25.06.2021 registered 186, 224, 225, 511, 427 and 307 of IPC 1959 and Section 3(2) of Prevention 1984, registered at Police Station petitioner has been implicated with an intention even pelted stones on 15 boys with motive to rescue an the by framing of charges and the petitioner is in custody for the last almost merely accused Daud, who has il by the trial Court, SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document CRM M-44080 3. opposed the petitioner who is stated to be involved in multiple cases. He further submits that in the present incident, the petitioner happened to be the main conspirator for accused Daud fr petitioner even fired at the police party, besides pelting stones on them and in such circumstances, does not deserve the concession of bail. 4. through submissions made on 5. in 14 other cases under different provisions of IPC and thereof are extracted h 44080-2024 (O&M) [2] The prayer made on behalf of the petitioner has been opposed by learned State counsel while the petitioner who is stated to be involved in multiple cases. He further submits that in the present incident, the petitioner happened to be the main conspirator for the incident relating to the release of accused Daud from the police party; with the said object, the petitioner even fired at the police party, besides pelting stones on them and in such circumstances, does not deserve the concession of I have heard learned counsel for the parties and gone the paper book and unable to find any substance in the submissions made on behalf of the petitioner. In the present case, the petitioner is stated to be involved in 14 other cases under different provisions of IPC and thereof are extracted hereunder:- Sr.No. Particulars of the case 1. FIR No.378/2012 dated 16.09.2012, u/ss 148, 149, 353, 186, 307 IPC and Sections 25/54 of Arms Act, Police Station Dharuhera, Rewari. 2. FIR No. 144/2023, under Section 174 Dharuhera, Rewari. 3. FIR No. 355/2020 under Section 379 A IPC, PS Tosham, Bhiwani 4. FIR No. 629/2022, under Section 174 Tosham, Bhiwani 5. FIR No. 29/2022, dated 18.01.2022 u/ss 457, 380, 34 IPC, PS Bilaspur, Gurugram. 6. FIR No. 323/2012, dated 06.11.2012, u/s IPC, PS Manesar, Gurugram The prayer made on behalf of the petitioner has been by learned State counsel while referring to the antecedent of the petitioner who is stated to be involved in multiple cases. He further submits that in the present incident, the petitioner happened to the incident relating to the release of co om the police party; with the said object, the petitioner even fired at the police party, besides pelting stones on them and in such circumstances, does not deserve the concession of I have heard learned counsel for the parties and gone he paper book and unable to find any substance in the behalf of the petitioner. In the present case, the petitioner is stated to be involved in 14 other cases under different provisions of IPC and the details Particulars of the case FIR No.378/2012 dated 16.09.2012, u/ss 148, 149, 353, 186, 307 IPC and Sections 25/54 of Arms Act, Police Station Dharuhera, Rewari. FIR No. 144/2023, under Section 174-A IPC, PS Dharuhera, Rewari. FIR No. 355/2020 under Section 379 A IPC, PS Tosham, Bhiwani FIR No. 629/2022, under Section 174-A IPC, PS Tosham, Bhiwani FIR No. 29/2022, dated 18.01.2022 u/ss 457, 380, 34 IPC, PS Bilaspur, Gurugram. FIR No. 323/2012, dated 06.11.2012, u/s 379 IPC, PS Manesar, Gurugram The prayer made on behalf of the petitioner has been referring to the antecedent of the petitioner who is stated to be involved in multiple cases. He further submits that in the present incident, the petitioner happened to co- om the police party; with the said object, the petitioner even fired at the police party, besides pelting stones on them and in such circumstances, does not deserve the concession of I have heard learned counsel for the parties and gone he paper book and unable to find any substance in the In the present case, the petitioner is stated to be involved the details FIR No.378/2012 dated 16.09.2012, u/ss 148, 149, 353, 186, 307 IPC and Sections 25/54 of A IPC, PS FIR No. 355/2020 under Section 379 A IPC, PS A IPC, PS FIR No. 29/2022, dated 18.01.2022 u/ss 457, 379 SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document CRM M-44080 6. present case, he even fired at the police party with an object to get one Daud S/o Sumer Khan @ Summa released from relation to one another FIR. The petitioner even did not stop there and went on to chase the police party, besides pelting stones upon their vehicle with the help of his other accomplices. On occasion of regular bail, however, the same was dismissed Court vide order dated 16.01.2024 in CRM M 7. addition to the manner in which the offence has been committed 44080-2024 (O&M) [3] 7. FIR No. 8/2022 dated 05.01.2022, U/s IPC, PS Bhondsi, Gurugram. 8 FIR No.55/2022, dated 21.02.2022, U/s 457, 380 IPC, PS Sohna, Gurugram 9. FIR No. 83/2022, under Sections 457, 380 IPC, PS Bhondsi, Gurugram 10. FIR No. 1/2023 under Section 25 (1B), Arms Act, PS Sohna, Gurugram. 11. FIR No. 354/2020 dated 26.07.2020 under Sections 395, 458, 506, 427, 120 and Sections 25/54/59 of Arms Act, PS Tosham, Bhiwani. 12. FIR No. 739/2019 dated 29.11.2019, Sections 379, 489 IPC, PS City Sohna, Gurugram. 13. FIR No. 738/2022 under Section 174 Tosham, Bhiwani 14. FIR No. 503/2018 under Section 379 IPC, PS Sector 10-A, Gurugram. As per the allegations levelled against the petitioner in the present case, he even fired at the police party with an object to get one Daud S/o Sumer Khan @ Summa released from relation to one another FIR. The petitioner even did not stop there and went on to chase the police party, besides pelting stones upon their vehicle with the help of his other accomplices. On occasion also, the petitioner approached this Court for seeking grant of regular bail, however, the same was dismissed Court vide order dated 16.01.2024 in CRM M Also, the gravity and seriousness of the incident in addition to the manner in which the offence has been committed FIR No. 8/2022 dated 05.01.2022, U/s 457, 380 IPC, PS Bhondsi, Gurugram. FIR No.55/2022, dated 21.02.2022, U/s 457, 380 IPC, PS Sohna, Gurugram FIR No. 83/2022, under Sections 457, 380 IPC, PS Bhondsi, Gurugram FIR No. 1/2023 under Section 25 (1B), Arms Act, PS Sohna, Gurugram. FIR No. 354/2020 dated 26.07.2020 under Sections 395, 458, 506, 427, 120-B, 397 IPC and Sections 25/54/59 of Arms Act, PS Tosham, FIR No. 739/2019 dated 29.11.2019, Under Sections 379, 489 IPC, PS City Sohna, FIR No. 738/2022 under Section 174-A IPC, PS Tosham, Bhiwani FIR No. 503/2018 under Section 379 IPC, PS A, Gurugram. the allegations levelled against the petitioner in the present case, he even fired at the police party with an object to get one Daud S/o Sumer Khan @ Summa released from their custody relation to one another FIR. The petitioner even did not stop there and went on to chase the police party, besides pelting stones upon their vehicle with the help of his other accomplices. On an earlier petitioner approached this Court for seeking grant of regular bail, however, the same was dismissed on merits by this Court vide order dated 16.01.2024 in CRM M-1415-2024. , the gravity and seriousness of the incident in addition to the manner in which the offence has been committed, the 457, 380 FIR No.55/2022, dated 21.02.2022, U/s 457, FIR No. 83/2022, under Sections 457, 380 IPC, FIR No. 1/2023 under Section 25 (1B), Arms FIR No. 354/2020 dated 26.07.2020 under B, 397 IPC and Sections 25/54/59 of Arms Act, PS Tosham, Under Sections 379, 489 IPC, PS City Sohna, A IPC, PS FIR No. 503/2018 under Section 379 IPC, PS the allegations levelled against the petitioner in the present case, he even fired at the police party with an object to get their custody in relation to one another FIR. The petitioner even did not stop there and went on to chase the police party, besides pelting stones upon earlier petitioner approached this Court for seeking grant by this , the gravity and seriousness of the incident in , the SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document CRM M-44080 grant of bail will leave adverse impact on the society at as on the moral of the investigating agency. 8. the case in hand petition, thus the same is hereby dismissed. 9. examined so far, therefore, learned State counsel on instructions, assures that every effort shall be made to expedite the trial. 10. stand disposed of. 16.01.2025 sanjay 44080-2024 (O&M) [4] grant of bail will leave adverse impact on the society at as on the moral of the investigating agency. Keeping in view the totality of facts and circumstances of case in hand, this Court is not inclined to entertain the present petition, thus the same is hereby dismissed. Since out of 35 prosecution witnesses only 02 have been examined so far, therefore, learned State counsel on instructions, assures that every effort shall be made to expedite the trial. Pending miscellaneous app stand disposed of. .01.2025 ( Whether speaking/reasoned ? Whether Reportable ? grant of bail will leave adverse impact on the society at large as well as on the moral of the investigating agency. totality of facts and circumstances of not inclined to entertain the present petition, thus the same is hereby dismissed. 5 prosecution witnesses only 02 have been examined so far, therefore, learned State counsel on instructions, assures that every effort shall be made to expedite the trial. Pending miscellaneous application(s), if any, shall also HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Yes/No Yes/No large as well totality of facts and circumstances of not inclined to entertain the present 5 prosecution witnesses only 02 have been examined so far, therefore, learned State counsel on instructions, lication(s), if any, shall also SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document