Himanshu Alias Ishu v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 843 02.10.2022 Samalkha, Dis1. 148, 149, 302, 506, 34, 120-B IPC and Panipat Sec!ons 25, 54, 59 of Arms Act

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 439 CrPC, 1973, seeking regular bail.

¶2In paragraph 14 of the bail pe!!on, the accused declares that he has no criminal antecedents. However, as per paragraph 4 of status report/custody cer!ficate, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta1on

¶1561 2021 147, 149, 323, 506 IPC Samalkha, Dis1. Panipat

¶2214 02.04.2017 323 IPC Samalkha, Dis1. Panipat

¶3309 23.04.2022 148, 149, 323, 506 IPC Samalkha, Dis1. Panipat

¶4275 2021 201, 379-B, 395, 397 Lakhan Majra, Rohtak IPC and Sec!on 25 of Arms Act

¶5313 10.09.2021 379, 411 IPC Ganaur, Sonipat

¶3The facts and allega!ons are being taken from the status report filed by the State, 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 order/judgment. 1 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."

¶4The pe!!oner's counsel prayed for bail on the grounds that the complainant and the second witness did not support the prosecu!on.

¶5The pe!!oner's 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!!oner and his family.

¶6The State's counsel opposes bail and refers to the status report. order/judgment. 2

¶7It would be appropriate to refer to the following por!ons of the status report, which read as follows: "2. (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 He inflicted injuries to Knife Ishu S/o the FIR. deceased by using Rakesh knife. (pe!!oner)

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

¶3Romi Gunga 05.10.2022 He is named He gave bea9ngs to the NIL S/o Sundar in the FIR. deceased in conspiracy Ram with other accused.

¶4Krish 05.10.2024 He was He stabbed knife in the Knife Panipa9ya named in the chest of the deceased S/o Statement due to which deceased Dharambir dated died on the spot. Singh. 04.10.2022 of the complainant.

¶5Aditya S/o 07.10.2022 His name He gave bea9ngs to the NIL Dharambir was deceased in conspiracy Singh. disclosed in with other accused. the disclosure statement of co-accused Himanshu @ Ishu.

¶6Amit 07.10.2022 His name He a-acked deceased NIL Khurchan was with slaps and fists. S/o Parveen disclosed in the disclosure statement of co-accused Himanshu @ Isu.

¶7Sahil S/o 08.10.2022 He is named He gave knife blows in Knife Randhir in FIR, the waist of the statement of deceased. complainant dated

04.10.2022.

¶8Sahil @ 08.10.2022 Named in He inflicted injuries on Gandasi Gaba S/o FIR, the hand of deceased Rajesh Statement of by using gandasi. (Pe99oner) Complainant order/judgment. 3

04.10.2023.

¶9Vijay S/o 08.10.2022 Named in He was found present Sword Jaswant FIR, on the crime spot and Statement of was armed with sword Complainant on the date of incident. dated He gave lalkara on the

04.10.2023. date of incident. 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.

(ix) That the relevant records pertaining to the case have been collected by the police and a5er comple9on of the inves9ga9on in proper, fair, thorough and impar9al manner, the police has prepared final report on

10.12.2022, against the accused persons namely:- (i) Himanshu @ Ishu, (ii) Romi @ Gunga, (iii) Rustam @ Chota, (iv) Krish @ Panipa9ya, (v) Aditya,

(vi) Amit @ Khurchan, (vii) Sahil, (viii) Sahil @ Gaba, (ix) Vijay on the basis of facts, evidence, statements, documents, records and material available on the police file, and submi-ed the same in the L.d. JMIC, Samalkha u/s 302, 506, 148, 149, 120-B of IPC and Sec9on 25, 54 of Arms Act. In the mean9me, accused Aditya, Krish @ Panipa9ya and Romi @ Gunga filed applica9on before Ld. JMIC, Samalkha for declaring them to be juveniles which was allowed vide order dated 27.02.2023. Hence, the Ld. JMIC, Samalkha commi-ed the case of the remaining accused to the Court of Ld. Session Judge, Panipat for trial and directed the inves9ga9ng officer to present the enquiry report of the juvenile in conflict of law in the Ld. Juvenile Jus9ce Board, Panipat. Subsequently, final enquiry report against the delinquent juveniles was submi-ed before Ld. Juvenile Jus9ce Board, Panipat 06/03/2023 u/s 302, 506, 148, 149, 120-B of IPC and Sec9on 25, 54 and 59 of Arms Act. However, the Ld. Jus9ce Juvenile Board, Panipat found that the age of juveniles in conflict of law including the pe99oner falls under the age group of 16 years to 18 years and they have commi-ed heinous crime. Hence, the case was referred to be tried by the Court of Session vide order dated 24.07.2023."

¶8Although the PW-1 and PW-2 were declared hos!le and did not support the prosecu!on's case, however, other material witnesses are yet to be examined. order/judgment. 4

¶9The trial is going on, and scien!fic evidence and official and other witnesses have yet to be examined.

¶10A perusal of the bail pe!!on and the documents a1ached primafacie points towards the pe!!oner's 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!!oner; this court refrains from doing so.

¶11Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶12Pe11on dismissed. All pending applica!ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE

19.11.2024 Jyo!-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 08.11.2024 Pronounced on: 19.11.2024 Himanshu @ Ishu ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Naresh Kumar Chhokar, Advocate for Mr. Ram Bha!, Advocate, for the pe!!oner. Mr. Viney Phogat, DAG, Haryana. ****