Surjeet Singh Alias Surja v. State of Haryana

MANISHA BATRA, J. (oral)

¶1The present petition has been filed under Section 483 of Bharatiyao NagarikoSurakshaoSanhita,o2023o(foroshort-'BNSS') for grant of regular bail to the petitioner in case arising out of FIR No.1268 dated 02.12.2023 registered under Sections 149, 201, 341, 307, 302, 427, 506 & 120-B of IPC and Sections 27 & 25(6) of Arms Act, at Police Station Sadar Hisar, District Hisar.

¶2As per the allegations, on 01.12.2023, the complainant-Jatinder Singh was present at a well of his village and was having conversation with his companions-Naresh, Surender and Savinder. In the meanwhile, his brother-Vikas @ Keshi also reached there in his vehicle along with his co-villagers namely, Sonu @ Molar and Ajay @ Hanuman. As soon as, Vikas @ Keshi stopped his vehicle, two motorbikes and one car reached and stopped at some distance. Several youths were occupying these vehicles. Four bike riders alighted from their vehicles and started firing shots with pistols while aiming at Vikas @ Keshi. They also extending threats to kill whoever came in their way. His brother Vikas @ Keshi and his friends Sonu @ Molar and Ajay @

Hanuman also to kill the othe showing their Vikas @ Keshi had identified Rakesh @ Kala other assailants

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Af Post mortem e Inquest proceed constituted. Th recorded their s accused-Kuldee were arrested. O their involveme arrested on 17.0 along with co-a Keshi. He had friend Surjit Si were given to th He also disclos committed, the

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On Kala Kherampu custody in som

sustained fire arms injuries. The ers, the assailants fled away on pistols. The injured were imme i succumbed to the injuries. Th some of the assailants as Sunny a Kherampuria and Ashish @ La s on seeing them. fter registration of FIR, investiga examination of the dead body dings were also conducted. A S he complainant-Jatinder Singh supplementary statements on 16 ep @ Bender, Himanshu, Avin On interrogation, they suffered ent in the crime. The accused Ra

08.2024. He too, suffered disclo accused had hatched the conspir sent three illicit pistols to acc ingh @ Surjai i.e. the present p he petitioner by co-accused Ajay sed that after the murder of th petitioner had brought back thos n the basis of disclosure statem uria, the petitioner was nomina me other case and his presenc

ereafter, while extending threats their respective vehicles while ediately rushed to the hospital. e complainant disclosed that he Gujjar, Ankit, Sagar @ Bachhi, alu and that he could identify the ation proceedings were initiated. of the victim was conducted. Special Investigation Team was and victim Ajay @ Hanuman .04.2024, on the basis of which, nash and Parveen @ Pehalwan disclosure statements disclosing akesh @ Kala Kherampuria was osure statement admitting that he racy to kill the victim-Vikas @ cused Sunny Gujjar through his petitioner and that three pistols y @ Goli as per his instructions. e victim-Vikas @ Keshi was se three pistols. ment of the accused-Rakesh @ ated as an accused. He was in ce was secured by issuance of s e . e , e . . s n , n g s e @ s s . s @ n f

production wa disclosure state where he had g such weapons w live cartridges. Kala Kherampu instructing him @ Pehalwan, w pistol to Ashish and then selling been completed

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It falsely implica suffered by the been attributed is in custody si has a permanen making attempt that he deserves

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Sta counsel has arg present petition murder the vi remaining two weapons to the

arrants on 27.08.2023. He wa ement and on the basis of sam given illicit weapons to the co-acc were given back and also disclos . It was further disclosed by h uria had contacted him in Nove m to give 3 illegal pistols and car who would come to him and in J h @ Lalu on asking of accused g about two weapons to one Su d. is argued by learned counsel for ted in this case on the basis of e co-accused. He was neither nam to him qua commission of offen ince 27.08.2024. The trial will t nt abode. There is no chance of h t to murder is not made out aga s to be released on bail. atus report has been filed by the gued that there are serious and ner, who was an important link ctim-Vikas @ Keshi and to companions of victim Vikas @ e co-accused for facilitating the

as interrogated and suffered a me, demarcated the place from cused as well as the place where sed about selling 2 pistols and 9 im that the accused-Rakesh @ ember 2023 through Zangi App rtridges to Avinash and Parveen January 2024, he had given one d Rakesh @ Kala Kherampuria unil. The investigation has since r the petitioner that he has been f disclosure statement allegedly med in the FIR nor any role has nce of murder of the victim. He taken long time to conclude. He his fleeing. Offence of murder or ainst him. Therefore, it is urged respondent-State. Learned State specific allegations against the k in the chain of conspiracy to make attempt to murder the @ Keshi. He had supplied illicit e murder of the victim. He is a a m e @ p n e a e n y s e e r d e e o e t a

member of a n offender as on against him. Th or commit simi that the petition

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Ri

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Th accused Rakesh to have obtain co-accused, wh fire arms injuri big supplier of murder of the v nature. Keeping petitioner and t expressing any opinion that the stage. Accordin

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Sin also stands disp

02.04.2025 Jyoti-IV

notorious gang of Rakesh @ Ka e more case under Section 25( here are chances of his abscondi ilar offences, if extending benefi ner does not deserve to be allowe val contentions of the parties hav he petitioner is alleged to have h @ Kala Kherampuria and in p ned illicit weapons and supplie ho committed murder of the vict ies to his companions with the s f weapons. The petitioner might victim, however, the allegations g in view the gravity of these all the attendant facts and circums y comment on the merits of the e petitioner does not deserve to b ngly, the present petition is dismi nce the main petition is disposed posed of accordingly.

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ala Kherampuria. He is habitual

(6) of the Arms Act is pending ng or intimidating the witnesses fit of bail. Therefore, it is argued ed bail. ve been heard at length. hatched a conspiracy with the pursuance thereof, he is alleged ed such weapons/pistols to the tim-Vikas @ Keshi and caused same. He is also alleged to be a t not be directly involved in the against him are quite serious in legations, the antecedents of the stances of the case, but without e case, I am of the considered be released on regular bail at this issed. d of, pending application, if any, (MANISHA BATRA) JUDGE s/No. s/No l g s d e d e d a e n e t d s ,

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.4006 of 2025 Reserved on:25.03.2025 Pronounced on :02.04.2025 SURJEET SINGH ALIAS SURJA …. Petitioner Versus STATE OF HARYANA …. Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present : Mr.Arihant Jain and Mr. Varun Jain,, Advocates for the petitioner. Mr, Neeraj Poswal, A.A.G., Haryana, Mr. Vishal Malik, Advocate for the complainant. ****