Ajay Alias Commando v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 251 18.04.2023 Shivaji Colony, 302, 307, 201, 34, 341 IPC and Sec!ons 25, District Rohtak 27, 29 of Arms Act

¶1The pe!!oner 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], seeking regular bail.

¶2In paragraph 16 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the reply filed by the State, which reads as follows: "2. That the facts of the case are that on 17/4/2023 the police received informa"on that incident of firing has been took place at Bal" Factory, Sunaria Road, Rohtak. On the basis of which police reached on the spot and from there police party reached in PGIMS, Rohtak and received the copy of MLR NO.YS/TC/2023/022 dated 17/4/2023 pertaining to Ravinder S/o Chand. In which 4 fire arm injuries were men"oned. The MLR No. YS/TC/2023/023 dated 17/4/2023 of injured Balwan S/o Peeru Ram R/o Sunaria Chowk, Rohtak was also received in which 1 fire arm injury has been men"oned. It has also been reported that Sukhvinder S/o Chand had JYOTI expired in this incident. Later on a4er doctor's opinion the injured order/judgment. 1 Ravinder s/o Balbir Singh moved a complaint to the police to the effect that he has been running a Gym at Ashoka turn by the name OZONE. His brother Sukhvinder has been staying with him in the Gym. He has been running the Gym for the past five years. Four-five days before a squabbling had escalated of him at Suncity with accused Vansh. Vansh accordingly in"midated him to face the dire consequences of death. Accordingly on 17.04.2024 while he (Ravinder) alongwith his brother Sukhvinder and his maternal uncle Balwan was going at his house in a Swi4 Car bearing No. HR-12AP-4250, in the mean"me at about 10.00 p.m. while he was passing through the Bal" Factory, Vansh alongwith his friend Ajay @Commando (pe""oner) and 2-3 other boys stopped their vehicle. Ajay @ Commando son of Krishan (pe""oner) was seated on the conductor seat, Vansh was on the back seat of vehicle. Two-three boys were also seated in the car. One accused was driving the vehicle. All four accused opened the fire upon him with inten"on to cause the death randomly. One bullet struck to his (Ravinder) right elbow, second bullet struck to his (Ravinder) chest. His maternal uncle Balwan also sustained injuries on the right elbow. The complainant was driving the vehicle. His brother Sukhvinder was on the back seat and he also sustained bullet injuries on his neck, mouth and other parts of the body. The accused fled away from the spot. On the basis of said complaint a case vide FIR No.251 dated 18/4/2023 U/s 302, 307, 341, 34 of IPC and 25, 27, 29 of Arms Act was registered against the accused at P.S. Shivaji Colony, Rohtak."

¶4The 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.

¶5The State's counsel opposes bail and refers to the reply.

¶6It would be appropriate to refer to the following por!ons of the reply, which read as follows: "6. That the disclosure statement of arrested accused were recorded on 28/4/2023 and as per their disclosure statement the accused Vansh Gulia, Ajay Commando (pe""oner) and Anuj have disclosed that they have thrown the pistol and bullets used in the incident with inten"on to destroy the evidence and accordingly Sec"on 201 IPC & 27 Arms Act were added in this case. As per their disclosure statement the accused Vanah Gullia, order/judgment. 2 Ajay Commando and Anuj have demarcated the place of occurrence and Maru" Swi4 Car No.HR-12X-8055 used in the incident was recovered from Railway Sta"on, Rewari as per their demarca"on. The accused Anuj and Ajay @ Commando got recovered their mobile phones and they also demarcated the place where they thrown the pistols used in the incident in the train. The accused Vansh demarcated the place where he kept concealed one pistol with one 9 mm bullet.

¶7That as per his disclosure statement the accused Vishal @ Vishu demarcated the place of occurrence and got recovered his mobile phone.

¶8That during further inves"ga"on it has been revealed that one pistol and magazine of 9 mm. bullet was recovered by G.R.P. Rewari vide case FIR No.43 dated 18/4/2023 U/s 25, 54, 59 Arms Ac P.S.-G.R.P. Rewari. The documents of case FIR No.43 were also taken into possession in this case."

¶7It would be appropriate to refer to the following por!ons of PW-4 and PW-5, both the injured witnesses, who did not support the prosecu!on's case, and their Examina!ons in chiefs read as follows: "Witness No.5: Ravinder son of Balbir Deposed that on 17.04.2023 at about 09:00 p.m, I along with my brother Sukhvinder since deceased and my maternal Uncle Balwan were going towards Rupaya Chowk from Jhajjar Chungi, Rohtak. We were in Car bearing registra"on No. HR12-AP-4250 make Maru" Swi4 driven by me. My maternal uncle was siPng on the conductor seat and Sukhvinder was siPng on the back seat. When we reached near Public Health office, Rohtak two unknown persons came on motorcycle. They waylaid their vehicle in front of our vehicle. They were carrying pistols. They pointed pistol upon us and trying to snatch our vehicle. When we tried to ran away but they opened fire upon us. One bullet hit my maternal uncle. Sukhvinder sustained 4/5 bullets and I sustained three bullet injuries. Hearing the noise some people came there and accused fled from the spot and their weapons were le4 over at that place only. I called my father. My father alongwith police officials came at the spot. Police li4ed three pistols from the spot. We were taken to PGIMS, Rohtak. During treatment my brother scummed to bullet shot injury. Police obtained my signature on various blank papers. Further examina"on in chief is deferred as accused are not produced physically as well as V.C is not working today due to breakdown of server." JYOTI "Witness No.5: Ravinder son of Balbir order/judgment. 3 Recalled for further examina"on in chief. I have seen accused persons produced before the Court through V.C for the first "me and they are not the person who had fired upon us. xxx xxx xxx" "Witness No.4: Balwan Singh son of Peeru Ram Deposed that on 17.04.2023, I along with my two bhanje namely Sukhvinder since deceased and Ravinder were going towards Rupaya Chowk from Jhajjar Chungi, Rohtak. We were in Car bearing registra"on No.HR12-AP-4250 driven by Ravinder. I was siPng on the front seat and Sukhvinder was siPng on the back seat. When we reached near Public Health office, Rohtak two unknown persons came on motorcycle. They waylaid their vehicle in front of our vehicle. They were carrying pistol. They pointed pistol upon us and trying to snatch our vehicle. When we tried to ran away they fired upon us. One bullet hit me. Sukhvinder sustained 7/8 bullets and Ravinder sustained 2/3 bullet injuries. Hearing the noise some people came there and accused fled from the spot and their weapons were le4 over at that place only. Father of Ravinder alongwith police officials came at the spot. Police li4ed three pistols from the spot. We were taken to hospital. Further examina"on in chief is deferred as accused are not produced physically as well as V.C is not working today due to breakdown of server." "Witness No.4: Balwan Singh son of Peeru Ram Recalled for further examina"on in chief. xxxx xxxx xxxx Cross-examina"on by Sh. Anuj Dahiya, learned Public Prosecutor for the State. xxxx xxxx xxxx Deceased Sukhvinder and injured Ravinder are my real bhanja. It is correct that red colour Swi4 belongs to Ravinder. It is correct that Sukhvinder was running Gym at Ashoka Turn. I do not know if Sukhvinder's family members are constructed house at Sun City, Sector-36, Rohtak or not. It is also correct that MLR No.YS/TC/2023/023 men"oned the name of injured as Balwan son of Peeru Ram and date of arrival is 17.04.2023. It is wrong to suggest that I am deposing falsely on this point. It is correct that I had sustained bullet shot injury and taken treatment at PGIMS, Rohtak and I remained admiRed about one week. It is wrong to suggest that accused persons namely Vishal, Ajay @ Commando, Anuj and Rahul are produced JYOTI before the Court through V.C are the same person who were involved in order/judgment. 4 the present occurrence and accused Vishal, Ajay, Anuj and Vansh were present at the "me of occurrence and they fired upon us or that due to their bullet shot injury Sukhvinder died due to bullet injury or that they have ac"vely par"cipated in the occurrence in collusion with Rahul @ Baba or that due to compromise I am resiling from my statement made by me to the police voluntarily. It is wrong to suggest that due to compromise I am resiling from my statement and inten"onally not iden"fying the accused persons or that I am deposing falsely. Cross-examina"on by Sh. Surender Verma and Gaurav Khurana, Advocate for accused. Nil. Opportunity given."

¶8Given the evidence of the eyewitnesses, who were not only inured but closely related to the deceased, and the other factors peculiar to this case, there would be no jus!fiability further pre-trial incarcera!on at this stage.

¶9Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail. This order shall come into force from the !me it is uploaded on this Court's official webpage.

¶10Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶11While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the aGes!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶12This order is subject to the pe!!oner's complying with the following terms.

¶13The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, anyJYOTI order/judgment. 5 witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶14This bail is condi/onal, and the founda/onal condi/on is that if the pe//oner indulges in any non-bailable offense, the State may file an applica/on for cancella/on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶15Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner can download this order along with case status from the official web page of this Court and aGest it to be a true copy. If the aGes!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for aGes!ng bonds.

¶17Pe//on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

21.11.2024 Jyo!-II Whether reportable: No. order/judgment. 6

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 08.11.2024 Pronounced on: 21.11.2024 Ajay @ Commando ...Pe!!oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Samay Sandhawalia, Advocate, for the pe!!oner. Mr. Aashish Bishnoi, DAG, Haryana. ****