ANUJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the first petition filed under Sec. 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case bearing FIR No. 526 dtd. 17/10/2024 registered under Ss. 111(2)(b), 310(4), 310(5) of Bhartiya Nyaya Sanhita, 2023 (hereinafter nto be referred as 'BNS'), Sec. 25(b) of Arms Act (Ss. 25(1-b)(a) of Arms Act, 1959 added later on) at Police Station Khedki Daula, District Gurugram.

(2.) Brief facts of the case of the prosecution case are that on 16/10/2024, a secret information was received that Dheeraj son of Ramesh Chander was sitting in his office in his village Nakhrola alongwith 5-7 other persons, namely, Samunder @ Rathi, Sagar, Manish, Vikas. They all are members of Ashok Rathee gang. Samunder and Sagar had threatened Mahesh Sharma, who is employee in Conscient Company and had tried to extort money but he refused. All of them were planning to commit a loot over there and snatching of dumphers. They were planning to abduct Mahesh Sharma and owner of the company. Police waited outside the above said office and P/SI Lalit Kumar heard said people sitting in the office were planning to commit said loot and abduction of Mahesh Kumar as well as owner of the company, if found at the spot. They had pistols and revolvers. Thus, police party entered the office. Numerous weapons were found on the table alongwith live cartridges. Total 4 pistols and one revolver, five magzine, 21+9 live rounds were recovered. Their sketch was prepared. Present case was registered. Two Mahindera Scorpio black colour were also taken into custody. Accused Dheeraj, Samunder, Sagar, Man-ish, Anuj and Vikas were arrested. After completion of investigation, challan was filed in the Court on 17/12/2024.

(3.) Learned counsel for the petitioner inter alia contends that petitioner has been falsely implicated in the present case. Initially one FIR No. 525 was registered on 16/10/2024 and no specific suspect was named in the said FIR. Petitioner has neither participated in any offence as alleged in the aforesaid FIR. Thereafter, second FIR i.e. the instant FIR bearing No. 526 was registered on 17/10/2024 on the allegations that petitioner and others were making prepara-tions for abducting the complainant in the earlier FIR, which led to their arrest. It is further contended that there is no substantial evidence to connect the petitioner with the alleged crime. Moreover, the complainant has retracted from his allegations in the first FIR and the said FIR stands quashed on the basis of compromise by this Court vide order dtd. 19/12/2024. Further, once the FIR No. 525 already stood registered on the complaint made by Mahesh Sharma, the subsequent FIR No. 526 i.e. FIR(supra), in which the petitioner has been implic-ated as accused, has been registered against the mandate of law as laid down by Hon'ble Supreme Court in P.P. Antony Vs. State of Haryana (2001) 6 SCC 181. Further, the petitioner is behind the bars since 17/10/2024 i.e. for more than 07 months. Although, the petitioner is involved in one more case, but he is on bail in that case.