SANJAY ALIAS SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in these petitions is for grant of regular bail to the petitioners namely Sanjay @ Sonu, Ram Lal, Virender @ B.K. Baba and Sombir under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.42 dtd. 16/2/2021, for offence punishable under Ss. 307, 387, 120-B of the Indian Penal Code, 1860 (in short 'IPC') (Sec. 216 IPC added later) and 25 of the Arms Act, registered at Police Station Kalayat, District Kaithal.

(2.) Brief facts of the case are that the FIR was registered at the instance of the complainant Shekhar, who is running a ready-made garment shop. It is alleged that about 1 1/2 years ago, he received a phone call from one Raju, who stated that himself to be a member of a gang headed by co-accused Parveen @ Binni and demanded a ransom of Rs.15.00 lacs, from him. The complainant refused by showing his inability to give the money, on which Raju had threatened him. After 2-3 days, a person came to his shop disclosing his name as Sonu and took away clothes for Parveen @ Binni. On the date of incident, when he was standing on the stairs outside his shop, a vehicle came from the spot of grain market and stopped in front of his shop then, a person sitting on the back seat fired a shot from a pistol aiming the complainant, however, he tried to rescue himself by rushing into the shop and the bullet hit on the stairs. Thereafter, the offending vehicle was driven away from the spot.

(3.) Counsel for the petitioner - Ram Lal (in CRM-M No.52550 of 2021) has argued that nobody was named in the FIR and only during the investigation, the police recorded 02 successive disclosure statements of Parveen @ Binni, who was already in judicial custody in some case. In the first disclosure statement dtd. 18/2/2021, Parveen @ Binni disclosed that he and Rajesh @ Raju have made a Binni Gang and have committed many offence of murder and robbery. Due to fear, the people are not giving the complaint. He and Rajesh @ Raju by giving a message to their colleagues, who were released on bail, asked them to take Rs.15.00 lacs as ranson from Shekhar and when he refused, the incident of firing was conspired by him with his colleague Rajesh @ Raju. Rajesh @ Raju has told Kapil in this regard and he has further told Rohit resident of Rajasthan to fire a shot at Shekhar.