Sahil @ Gaba v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta3on Sec3ons

02.10.2022 Samalkha, Panipat 148, 149, 302, 506, 34, 120-B IPC and Sec ons 25, 54, 59 of Arms Act

¶1The pe!!oners incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 483 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS]/ Sec!on 439 CrPC, 1973, seeking regular bail.

¶2In paragraph 30 of the bail pe!!on i.e. CRM-M-46652-2024, the accused Sahil @ Gaba declares that he is involved in two other cases and the details of other cases are not available at this !me. However, as per para 4 of status report/custody cer!ficate, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta3on

¶1561 2021 147, 149, 323, 506 IPC Samalkha, Dis?. Panipat

¶2309 23.04.2022 148, 149, 323, 506 IPC Samalkha, Dis?. Panipat

¶3In paragraph 14 of the bail pe!!on i.e. CRM-M-47477-2024, the accused Amit @ Khurchan declares that he has no criminal antecedents.

¶4In paragraph 14 of the bail pe!!on i.e. CRM-M-47773-2024, the accused Rustam @ Chota declares that he has no criminal antecedents. However, as per para 4 of status report/custody cer!ficate, the accused has the following criminal antecedents: Sr. No. FIR No. Dated/ Offenses Police Sta3on Year

¶1502 2021 -- Narela, North Delhi

¶2375 04.04.2022 482 IPC, 33 of Excise Act North East, Delhi

¶3472 27.12.2021 25, 54, 59 of Arms Act Ganaur, Sonipat

¶5For brevity, the facts and allega!ons are being taken from the status report filed by the State in CRM-M-46652-2024 Sahil v. State of Haryana as all the pe!!ons relates to one FIR, which reads as follows: "2.(i) That on 02.10.2022, ruqa was received from Government Hospital, Samalkha that Manoj S/o Ajit has been brought dead in the Hospital. On receiving ruqa, police party reached at Government Hospital, Samalkha where Bijender S/o Deep Chand (uncle of deceased) presented a wri-en complaint. The contents of the complaint are as follows:- "To, S.H.O, P.S. Samalkha. Respected Sir, 1, Bijender S/o Deep Chand and I am resident of Kuhar Pana, Samalkha. I am an agriculturist. On 01.10.2022 in the a5ernoon my nephew, Manoj S/o Ajit R/o Kuhar Pana told me that on 30.09.2022, during 'Ramlila', Himanshu S/o Rakesh, Sahil and Rustam etc. abused me and that on 01.10.2022 me and my nephew Sagar s/o Karambir, both of us a5er watching 'Ramlila' were going to our house through Bhadbhuja Gali. A5er going a long distance in the Gali at about 10:30 P.M, some persons were bea9ng my nephew Manoj S/o Ajit. When I and Sagar raised our voices, Himanshu @ Ishu s/o Rakesh stabbed Manoj on his sides and waist with a knife which was in his hand, then Sahil s/o Randhir stabbed Manoj with a knife on his waist, then Romi struck Manoj on his hands with knife and then Rustam @Chota struck Manoj with a Ice Pick (Sua) and even others beat Manoj. That Sagar and I tried to catch them but everyone flew with their weapons who threatened that whoever comes in between will be murdered. Sagar and I took Manoj on motorcycle and admi-ed him in the Govt. Hospital Samalkha where Doctor declared Manoj as brought dead. Himanshu@ Ishu, Sahil s/o Randhir, Romi grandson of Randhir, Rustam @ Chota (s/o maternal uncle of Ishu) and some other residents of Balmiki Bas9, Samalkha have murdered Manoj and that strict ac9on should be taken, against them." On the basis of said complaint and nature of crime, a formal FIR No. 843 dated 02.10.2022 under sec9ons 302, 148, 149 and 506 of IPC (Sec9on 120-B of IPC and Sec9on 25 of Arms Act were added later on), was registered at P.S Samalkha, District Panipat."

¶6The pe!!oners' counsel prayed for bail on the grounds that the complainant and the main witness did not support the prosecu!on.

¶7The pe!!oners' counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oners and their families.

¶8The State's counsel opposes bail and refers to the status report.

¶9It would be appropriate to refer to the following por!ons of the status report, filed in CRM-M-46652-2024, which read as follows: "(v) That the following accused were found involved in crime and were arrested by the inves9ga9ng officer during the inves9ga9on: - Sr. Name Date of Name come Role in the crime Recovery No. accused Arrest in this case

¶1Himanshu 05/10/2022 Named in the He inflicted injuries to Knife Ishu S/o FIR. deceased by using

¶2Rustam Chota S/o Badshah. 05/10/2022 Named in the FIR. He gave bea9ngs to the deceased in conspiracy with other accused with slaps and fists. NIL

¶3Romi Gunga S/o Sundar Ram

05.10.2022 He is named in the FIR. He gave bea9ngs to the deceased in conspiracy with other accused. NIL

¶4Krish Panipa9ya S/o Dharambir Singh.

05.10.2024 He

was named in the Statement dated

04.10.2022 of

the complainant. He stabbed knife in the chest of the deceased due to which deceased died on the spot. Knife

¶5Aditya S/o Dharambir Singh.

07.10.2022 His

name was disclosed in

the disclosure statement of co-accused Himanshu @ Ishu. He gave bea9ngs to the deceased in conspiracy with other accused. NIL

¶6Amit Khurchan S/o Parveen

07.10.2022 His

name was disclosed in

the disclosure statement of co-accused Himanshu @ Isu. He a-acked deceased with slaps and fists. NIL

¶7Sahil S/o Randhir

08.10.2022 He is named in

FIR, statement of complainant dated

04.10.2022. He gave knife blows in the waist of the deceased. Knife

¶8Sahil

@ Gaba S/o Rajesh (Pe99oner)

08.10.2022 Named

in FIR, Statement of Complainant dated

04.10.2023. He inflicted injuries on the hand of deceased by using gandasi. Gandasi

¶9Vijay S/o Jaswant

08.10.2022 Statement of Complainant dated

04.10.2022. He was found present on the crime spot and was armed with sword on the date of incident. He gave lalkara on the date of incident. Sword During the course of interroga9on, above said accused have voluntarily suffered their separate disclosure statements admiKng therein the manner in which they remain involved in crime. As per the nature of crime, Sec9ons 120-B of I.P.C. and Sec9on 25 of Arms Act were added in the case. True copy of disclosure statement of accused Sahil @ Gaba (Pe99oner) is annexed herewith as Annexure R-2.

(vi) That on 12.10.2022, doctor's opinion was obtained with regard to the weapon i.e., knife, gandasi used in occurrence by accused persons. The doctor opined that "The possibility of injuries men9oned in the above said PMR by this weapon cannot be ruled out."

(vii) That on 15.11.2022, the case property was deposited in FSL, Madhuban vide RC No. 186. It is per9nent to men9on here that FSL Report has been received in this case and it was opined that no common poison is found in the exhibits and blood was detected on gandasi and sword. True Copy of FSL Report is annexed herewith as Annexure R-3 Colly.

(viii) That therea5er, CDR, tower loca9ons with regard to mobile numbers 98133-xxxxx, 99914-xxxxx, 99912-xxxxx, 85580-xxxxx, 89309-xxxxx, 74044-xxxxx, 90502-xxxxx, 98176-xxxxx, 87081-xxxxx belonging to the accused persons were taken into police possession and they were found to be together at the place of occurrence.

¶10Although the PW-1 and PW-2 were declared hos!le and did not support the prosecu!on's case, the trial Court, while rejec!ng the bail, was aware of this aspect and had also considered it on the following reasoning: "6. The applicants/accused have been booked with the allega9ons of having commiKng the murder of deceased Manoj, along with the co-accused in prosecu9on of their common object. It has been alleged against the applicants/accused that they being armed with weapons inflicted fatal injuries on the body of the deceased. The applicant/accused Himanshu got recovered one knife, accused Sahil got recovered one knife, Sahil @ Gaba got recovered one gandasi and Vijay got recovered one sword from their respec9ve possession. The bail applica9ons of juveniles namely Romi @ Gunga and Krish @Panipa9ya were dismissed by this court. Even though the complainant has turned hos9le, however, remaining material witnesses including the police: officials and doctors are remaining to be examined. Moreover the allega9ons against the applicants/accused are serious in nature."

¶11The trial is going on, and scien!fic evidence, along with official and otherJYOTI witnesses, has yet to be examined.

¶12A perusal of the bail pe!!on and the documents a?ached primafacie points towards the pe!!oners' involvement and does not make out a case for bail. The impact of crime would not jus!fy bail. Any further discussions will likely prejudice the pe!!oners; this court refrains from doing so.

¶13Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶14Pe33ons are dismissed. All pending applica!ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE

19.11.2024 Jyo3-II Whether reportable: No.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM-M-46652-2024 Reserved on: 06.11.2024 Pronounced on: 19.11.2024 Sahil @ Gaba ...Pe oner Versus State of Haryana …Respondent 2. CRM-M-47477-2024 Amit @ Khurchan ...Pe oner Versus State of Haryana …Respondent 3. CRM-M-47773-2024 Rustam @ Chota ...Pe oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sahil Choudhary, Advocate, for the pe oner in CRM-M-46652-2024. Mr. Naresh Kumar Chhokar, Advocate, for the pe oner in CRM-M-47477 & 47773-2024. Mr. Viney Phogat, DAG, Haryana. ****