CRM-M-37335-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 266 CRM-M-37335-2026 (O&M) Date of decision: 16.07.2026 Amit @ Kattapa ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Joginder Siwach, Advocate for the petitioner. Mr. Vikram Singh, AAG, Haryana. *** MANISHA BATRA, J. (Oral) 1. The instant petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail in case bearing FIR No. 141 dated 09.05.2025, registered under Sections 25(6) and 29 of the Arms Act, 1959 and Sections 13, 111(4) of BNS, 2023 at Police Station Civil Lines, District Hisar. 2. As per the prosecution case, on 09.05.2025, a secret information was received by the police to the effect that some active members of the gang of notorious gangster Saurabh @ Saurabha, namely Vikas @ Vicky, Amit @ Katappa (the petitioner), Yogesh @ Yogi and Mohit, were sitting beneath the South Bypass Road Railway Bridge, Hisar with illegal firearms and were MOHAMMAD WASEEM ANSARI 2026.07.17 17:20 I attest to the accuracy and integrity of this document CRM-M-37335-2026 (O&M) -2- planning to commit a criminal offence. Acting upon the information, a raiding party was constituted and reached the spot where the four accused allegedly attempted to flee but were apprehended. During the search, two country- made .32 bore pistols along with sixteen live cartridges were allegedly recovered from the possession of the petitioner. Besides this, two .32 bore pistols with seventeen live cartridges were recovered from co-accused Vikas @ Vicky, one 12 bore country-made pistol with three live cartridges from Yogesh @ Yogi and one 12 bore country-made pistol with four live cartridges from Mohit. All of them were formally arrested at the spot. Investigation now stands completed and challan has been filed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in the present case. It is argued that no specific overt act has been attributed to the petitioner so as to attract the ingredients of organised crime under Section 111(4) of the BNS. Although the alleged recovery was effected from a public place, no independent witness was associated with the search or recovery proceedings and the entire prosecution case rests only upon official police witnesses. There is no allegation of any act of terror, extortion, intimidation or threat to the public and, therefore, the essential ingredients of organised crime are not made out from a plain reading of the FIR. The petitioner has remained in custody since 09.05.2025, the investigation stands completed, the challan has already been presented and, therefore, no further custodial interrogation is required. Conclusion of trial would take considerable time as only one out of twenty four prosecution witnesses has been examined so far. Similarly situated co-accused Lal Singh @ Lal Singh MOHAMMAD WASEEM ANSARI 2026.07.17 17:20 I attest to the accuracy and integrity of this document CRM-M-37335-2026 (O&M) -3- Sisodiya @ Smarat, Toofan Singh @ Yuvraj and Mohit have already been granted concession of regular bail by this Court. On parity, the petitioner too deserves to be given the same benefit. Hence, it is urged that the petition deserves to be allowed. 4. Notice of motion. 5. Learned State counsel has advance notice of the petition and is ready to argue the matter. He has filed the custody certificate of the petitioner. It is argued by him that there are serious and specific allegations against the petitioner. Illegal arms/ammunition were recovered from his conscious possession. He is a member of a crime syndicate. There are chances of his absconding or committing similar offences, if released on bail as he has previous criminal history. Therefore, it is stressed that the petition does not deserve to be allowed. 6. This Court has heard learned counsel for the parties at considerable length. 7. The petitioner is alleged to have been found in conscious possession of two country-made .32 bore pistols along with sixteen live cartridges. The allegation against him is that he is a member of an organised crime syndicate. It is only on the basis of evidence to be produced during trial that any conclusion as to the commission of offence under Section 111(4) of BNS can be drawn. The petitioner has remained in custody since 09.05.2025. The investigation stands completed and the challan has already been presented. His continued detention would not serve any fruitful purpose. The trial is likely to take considerable time to conclude as only one out of twenty four MOHAMMAD WASEEM ANSARI 2026.07.17 17:20 I attest to the accuracy and integrity of this document CRM-M-37335-2026 (O&M) -4- prosecution witnesses has been examined so far. Even otherwise, co-accused, namely Lal Singh @ Lal Singh Sisodiya @ Smarat, Toofan Singh @ Yuvraj and Mohit have already been granted the concession of regular bail by this Court and no distinguishing circumstance has been pointed out by the State to deny the petitioner the benefit of parity. Pendency of one more case against him cannot be considered to be a reason for denying him bail in this case in the given circumstances. Keeping in view the aforesaid facts and circumstances, this Court is of the opinion that a case is made out for grant of bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. 8. It is clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. 16.07.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.07.17 17:20 I attest to the accuracy and integrity of this document