Punjab-Haryana High Court
Ashok Alias Pardhan vs State Of Haryana on 28 October, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:141213
CRM-M-50489-2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
340
CRM-M-50489-2024 (O&M)
Date of decision : 28.10.2024
Ashok @ Pardhan ...... Petitioner
versus
State of Haryana ...... Respondent
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Gurasis Singh, Advocate for
Mr. Saurabh Dalal, Advocate
for the petitioner.
Mr. Sandeep Singh, Addl. A.G., Haryana.
****
PANKAJ JAIN, J. (Oral)
1. Present petition has been filed under Section 483 of
B.N.S.S. for grant of regular bail to the petitioner in case bearing FIR
No.0213 dated 24.06.2019, registered for the offences punishable under
Sections 186, 307, 332, 353, 411, 412, 420, 467, 468 and 471 of IPC
and Sections 25/54/59 of Arms Act, 1959 at Police Station Kharkhoda,
District Sonipat.
2. As per the contents of the FIR, it has been alleged as
under:-
“Brief Facts of the Case To, The S.H.O. Sahib,
Police Station Kharkhoda. Today, I Inspector was present
at STF Staff Sonipat, in the meantime, a secret Informer
came present at STF Staff and informed that the most
wanted accused persons, namely, Ashok @ Pardhan R/o
Nilothi, Nitesh @ Dhandu Rio Sisana, Arun Baba R/o
Matindu, Yogesh Rio Sisana and Sanam Dagar Rio
Samaspur, Delhi, who are also most wanted accused
persons in the states of Haryana, Delhi, U.P. and Madhya1 of 7
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Pradesh would commit murder of Vishal Maan Rio Delhi
at Kharkhoda, today in connivance with their friends,
namely, Mohit R/o Rurki, Ombir R/o Sisana and Vikas
Lambu R/o Sisana and Ashok Nilothi; they would be
coming in white colour FORTUNER Car, which was
robbed by them and also by two robbed motor cycles,
Make Splendor along with their deadly weapons and
illegal pistols. The information was found
reliable/trustworthy and the same was shared with high
official and they were informed accordingly. Upon
receiving the above information, I Inspector along with
ASI Chand Ram 1097/Jhajjar, ASI Niranjan
1026/Sonipat, H.C. Sandeep 936/Jhajjar, Constable
Rakesh 2228/Sonipat, Constable Vikas 4530/Gurugram
along with Driver Constable Mandeep 1738/JJR of Govt.
Vehicle Tavera HR-63C-2503, Head Constable Devender
1201/Sonipat, Constable Amit 1255/Jind, Constable Ajit
325/Sonipat, Constable Amit 2066/Sonipat, Constable
Neeraj 976/Sonipat, Constable Jitender 12213/Jind,
Constable Deepak 94/JJR, olong with Driver of
government vehicle Bolero bearing No. HR-03X-4487,
namely, C. Harender 558/Dadri, reached at the spot,
which was disclosed by the secret informer, i.e.,
Kharkhoda – Delhi Road, from the side of Village Pipli
towards Kharkhoda at 05.15 P.M. That i inspector
apprised the passersby about the facts of the case while
stopping them and requested them to become witness but
as the time and place was not specific, therefore, they
while disclosing their genuine problems went away. At a
little distance thereafter a white colour FORTUNER Car
was found lying parked on the road side, wherein, three
young boys were sitting and two Splendor Motorcycles
were also parked near the FORTUNER Vehicle; two
boys were sitting on each motorcycle and one more boy
was standing besides the motorcycle. Upon coming to
know that police is there, the person who was sitting on
the driver seat on FORTUNER Car shouted that “Police2 of 7
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is here, fire shots at Police and run from here” the very
moment, I Inspector warned them in a loud voice that
“Police is here, surrender ‘along with their weapons”
immediately the boy who was sitting on the front at
motorcycle and the person who was standing near the car
fired at Police with an intention to kill. The bullet passed
away while touching my arm due to which I Inspector
and other police officials saved ourselves with difficulty.
All assailants ran away with their motorcycles and
FORTUNER vehicle; the driver of FORTUNER vehicle
ran away along with vehicle and he also fired at Police
party directly with an intention to kill them and also tried
to run over the vehicle upon the police party and
thereafter, they took the vehicle towards the side of
Saidpur. The boy who was standing near the vehicle also
ran away by the motorcycle. Both the motorcycles went
away towards the side of Kharkhoda. All the police
officials saved themselves and followed the assailants to
catch them and during the period a message was flashed
at 100 Number (VT) for laying Naka to catch the
assailants. I Inspector also fired two shots in air from my
service revolver while warning them but the healthy
person who was sitting in the middle seat of Splendor
motorcycle directly fired at Police, which hit at the left
door of TAVERA vehicle and he again fired at the police
party with an intention to kill but the police party rescued
themselves with great difficulty. The balance of
motorcycle was disturbed while running away due to
which all the three persons sitting on the motorcycle fell
down and they started running towards the fields. I
Inspector in order to save ourselves and to catch the
assailants again fired two shots. At a little distance, the
healthy boy/assailants fell down and then he was nabbed
by me (Inspector and ASI Chand Ram). Upon asking, he
disclosed his name as Nitesh Dhandu @ Patwari S/o
Sukhdarshan, Jaat by caste, R/o Sisana, District Sonipat
and a pistol 32 bore was recovered from his right hand.
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Head Constable Sandeep and C. Vikas produced one
young boy along with one country made pistol along with
two live cartridges before me (Inspector); upon asking he
disclosed his name as Naveen @ Mohit @ Sundu S/o
Ashok Kumar, Jaat by caste, Rio Kharmana, Police
Station Bahadurgarh at present Rurki. ASI Niranjan and
C. Rakesh also produced one young boy along with
illegal weapon before me (Inspector); upon asking he
disclosed his name as Ombir Acharya S/o Baljit Singh,
Jaat by caste, R/o Sisana, District Sonipat. The two other
persons who were running by the another motorcycle
were apprehended by the police team following them in
Bolero vehicle after putting sincere efforts; they were
apprehended while running in the fields. That Head
Constable Devender and Constable Ajit apprehended one
young man along with illicit weapon and produced him
before me (Inspector), who upon asking disclosed his
name as Yogesh S/o Mahabir Singh, Jaat by caste, R/o
Sisana, District Sonipat. Constable Amit 1255/Jind and
Constable Jitender produced one young boy before me
(Inspector), who upon asking disclosed his name as Vikas
@ Lambu S/o Karambir, Jaat by caste, R/o Sisana,
District Sonipat. During the period ASI Sumer
260/Sonipat along with team reached at the spot by
Government vehicle Make Sumo HR-10Y-1129 upon
receiving VT message and he was apprised to chase the
assailants who ran away through FORTUNER Vehicle.
The pistol of 32 bore which was recovered from accused
Nitesh @ Dhandu bearing black colour strips on both
sides of butt and on the left side there is an impression
LLAMA GABILONCOY CIA VITORIA”; upon
checking, the magazine found containing four live
cartridges. Its sketch was prepared and upon measuring,
the length of barrel was found 11 Crm.. the length of
body was found 8 Cm. and the length of butt was 10 Cm.
The weapon i.e. country made pistol of 315 bore which
was recovered from accused Naveen @ Mohit @ Sundu
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found bearing wooden strips on the butt both sides and it
was wrapped with black tape; above is hamber and
triggered is downside and there is safety catch of iron;
upon checking the chamber was found containing one
empty shell but two live cartridges were found from
accused Naveen @ Mohit; its sketch was prepared and
upon measuring the length of barrel was found 10 Cm,
the length of body 10 Cm, and the length of butt is 7 Cm.
The weapon i.e. country made pistol of 315 bore which
was recovered from accused Ombir @ Acharya found
bearing wooden strips on the butt both sides and above
there is hamber and triggered is downside; upon checking
the chamber was found containing one live cartridge of
315 bore; its sketch was prepared and upon measuring the
length of barrel was found 12 Cm, the length of body 10
Cm. and the length of butt is 10 Cm. The weapon i.e.
country made pistol of 315 bore which was recovered
from accused Yogesh found bearing wooden strips on the
butt both sides; above there is hamber and triggered is
downside and there is safety catch of Iron: upon checking
the chamber was found containing one empty sheli of 315
bore but three live cartridges of 315 bore were found
from Yogesh; Its sketch was prepared and upon
measuring the length of barrel was found 16 Cm, the
length of body 10 Cm. and the length of butt is 8 Cm. All
the recovered Illegal pistols and cartridges were taken
into police possession by preparing sample parcels duly
sealed with seal bearing impression NK. Upon asking
about the motorcycle Make Hero Splendor Pro bearing
No. HR14N-21390 recovered from the accused persons,
Naveen @ Mohit @ Sundu disclosed that the same was
stolen from Village Basai, Gurugram and to deceit the
police officials the number plate has been replaced. Upon
asking about the motorcycle make Hero HF Deluxe Red
Colour, without number plate, accused Nitesh Dhandu
disclosed that the same was robbed from IMT Rohtak.
Both were taken into, police possession by preparing
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separate memos. Upon asking about the three assailants
who ran away in Fortuner vehicle, Nitesh @ Dhandu,
Yogesh, Naveen@ Mohit, Ombir @Acharya disclosed
that the person who was driving the Fortuner vehicle is
their gang leader, whose name is Ashok @ Pardhan S/o
Ramphal, R/o Nilothi, District Jhajjar and the person who
was sitting on the front seat along with him is Sanam
Dagar Mangey S/o Mahesh R/o Samaspur Khalsa, Ujjwa,
Delhi and the third person, who was sitting on the rear
seat in FORTUNER vehicle, is their companion Arun
Baba S/o Sanjay Rio Matindu, Sonipat. That the accused
persons, namely, Nitesh @ Dhandu, Yogesh, Naveen @
Mohit @ Sundu, Ombir Acharya, Vikas @ Lambu,
Ashok Nilothi, Arun Baba and Sanam Dagar fired with
an intention to kill the police party from the illegal
weapons and by making an attempt to run over their
vehicle upon the police party, by deteriorating and
causing hindrance in the Government work and by
keeping in their possession the stolen motorcycles and by
placing the fake number plates upon the motorcycle with
an intention to cheat have committed the offences
punishable under Sections 186, 332, 353, 307, 420, 467,
468, 471, 411, 412 IPC and Section 25-54-59 Arms Act.
The Tehrir is being sent at Police Station through
constable Amit 2066/Sonipat for registration of case FIR.
The number of case FIR be intimated after its
registration. Special reports of the case be sent to high
officials. FSL team and another investigating officer for
further investigation of the case be sent at the spot. The
assailants who ran away be searched after laying
Nakabandi. At the outskirts of Village Pipli, Kharkhoda,
Delhi Road. Sd/- Satish Kumar Inspector/STF Unit
Sonipat, STF Gurugram Dated 24.06.2019xxxxx”
3. The precise allegation against the petitioner is that he was
driving the fortuner vehicle which tried to run over the police party.
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4. Counsel for the State does not dispute that challan already
stands presented.
5. Petitioner is behind bars for more than 03 years, 02 months
and 26 days. Though, the State counsel has referred to the antecedents
of the petitioner, but in view of the observation made by Supreme Court
in the case of Prabhakar Tiwari vs. State of U.P.’ reported as (2020) 1
RCR (Cri.) 831, the same cannot be the ground to deny bail to the
petitioner.
6. Keeping in view the incarceration already suffered by the
petitioner, the present petition is allowed. Petitioner is ordered to be
released on regular bail on his furnishing bail/surety bonds to the
satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
7. Needless to say nothing recorded herein shall be construed
to be an expression of an opinion on the merits of the case.
8. Since the main case has been decided, pending
miscellaneous application, if any, shall also stands disposed off.
(PANKAJ JAIN)
JUDGE
28.10.2024
Dinesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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