Ankeet Singh Alias Ankit Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 24.01.2025 Ankeet Singh @ Ankit Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Narender Pal Bhardwaj, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana.

Mr. Vikas Singh Chawra, Advocate for the complainant.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this petition filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.264 dated 09.07.2024 registered under Section 287 of BNS, 2023 and Section 25 of the Arms Act, 1959 (challan presented under Sections 111(3), 287, 308(4), 49, 61 of BNS, 2023 and Section 25 of the Arms Act) at Police Station Ladwa, District Kurukshetra.

2.

As per the prosecution case, Ankush Goyal filed written complaint alleging that he was running EDU SKOPE Studies Centre in Ladwa and is vice-president of Bharatiya Janata Party. On 08.07.2024, he was sleeping in the house along with his family. At about 11:05 PM, door bell outside his house rang and from inside he saw two young boys were standing on the road outside the gate, one boy was on motorcycle and other boy holding a pistol in his hand was continuously firing in the

air to spread terror. Entire incident was captured in CCTV camera. He could identify the said boys on seeing. With these allegations, present FIR has been registered. Later on during investigation, present petitioner was also arrested.

3.

Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated and further 02 of the coaccused namely Amandeep Kaur and Baljeet Singh @ Bunty have been granted the concession of regular bail by this Court on 07.11.2024 and 08.01.2025 respectively, passed in CRM-M No.38506 and 64064 of 2024. He submits that the complainant has named the petitioner in the FIR (supra) due to some misunderstanding. In this regard, the complainant has given his affidavit clarifying that the petitioner has no role to play in the alleged incident and the petitioner is behind the bars since 13.07.2024. Learned counsel for the petitioner further submits that there are total 10 prosecution witnesses cited in the list of witnesses, out of which, none has been examined till date and the trial is likely to take long time in conclusion.

4.

Per contra, learned State counsel has filed custody certificate as well as the detailed status report, which are taken on record and he opposes the prayer made by learned counsel for the petitioner on the ground that in CCTV footage co-accused Manpreet alias Mani and Varun alias Ashu alias Binda were clearly seen firing shots. In fact, the entire occurrence took place at the instance of coaccused Amandeep Kaur, whose husband had gone to America and in

order to extract money the said occurrence took place with the help of the co-accused and the bail application filed by petitioner was rightly declined by learned Additional Sessions Judge, Kurukeshtra, however, he could not controvert the fact that the co-accused of petitioner have already been granted the concession of regular bail by this Court and out of 10 PWs, none has been examined so far.

5.

I have considered the arguments and have gone through the record. As per the facts narrated above, only two boys were seen standing on the road and one boy on the motorcycle holding pistol and firing shots towards the house of complainant to create terror. Entire incident was recorded in CCTV footage and later on, the accused persons were identified. Present petitioner was not present on the spot. Considering the aforesaid factual position, regular bail petition filed by petitioner - Ankeet Singh @ Ankit Singh is allowed. He is ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate concerned. 6.

Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial.

(HARPREET SINGH BRAR) JUDGE 24.01.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No