Rajneesh @ Chiku And Others vs State Of Haryana

Sanjay Vashisth, J

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking regular bail in FIR No.25 dated 27.02.2025, under Sections 111(3), 111(4), 111(2)b, 310(4), 310(5), 61(2) of BNS and 25/25(6)/25(7)/29 Arms Act, registered at Police Station Sadar Kanina, District Mahendergarh, Haryana.

As per allegations in the FIR, secret information was received by the police that members of a gang led by Kuldeep @ KD(petitioner No.3), namely Anil, Rajneesh @ Chikku(petitioner No.1), Rahul(petitioner No.2), Shubham, Sheel Madhur, Surender, and Sanjay, who are habitually involved in quarrelling, looting, and other criminal activities and have multiple prior incarcerations, were observed standing on the Bohka to Modi-Bhojawas road in their vehicles, a Verna bearing registration No. HR-26-DT-7561 and a Scorpio bearing registration No. HR-35-S-4694. They were allegedly planning to loot individuals returning from or going to attend marriage ceremonies. Upon conducting a raid, the following weapons were recovered from the accused present at the scene:

Sr. No.

Accused

Recoveries

1.

Kuldeep @ KD(petitioner herein)

Wooden Stick

2.

Anil

one pistol recovered from his pocket

3.

Rajneesh @ Chikku (petitioner herein)

Three live cartridges recovered from his jeans

4.

Rahul (petitioner herein)

one pistol recovered from his pocket

5.

Shubham

Nothing recovered

6.

Sheel Madhur

No weapon recovered

7.

Surender

Wooden stick

8.

Sanjay

Nothing recovered

It is contended in the petition that co-accused persons, namely Shubham @ Saka and Sanjay @ Laddu, have already been released on regular bail by learned Additional Sessions Judge, Narnaul (Annexures P-8 and P-7). Another co-accused, Shivam Sharma, has also been granted the concession of regular bail by the same court (Annexure P-6), despite there being as many as sixteen criminal cases registered against him. However, it is pertinent to note that no weapon was recovered from his possession in the present case. Similarly, another co-accused, Sheel Madhur, from whom no weapon was recovered, was also granted regular bail by the Sessions Court and was subsequently exonerated by the police after being found innocent.

It is further contended in the petition that co-accused, namely Surender Singh Bagri, from whom a wooden stick was recovered, and Anil, from whom one pistol was recovered, have already been granted the concession of regular bail by this Court vide orders dated 29.08.2025 and 31.10.2025 (Annexure P-5 and P-4), passed in CRM-M-42045-2025 and CRM-M-54539-2025, respectively.

It is further contented in the petition that petitioners are in custody since 27.02.2025. Investigation in the present case has already been completed, and although the final report has been submitted before the Court, the charges are yet to be framed. On these grounds, petitioners pray for the grant of regular bail.

SI Kishore is present in Court and has filed a comprehensive status report by way of an affidavit of Dinesh Kumar, HPS, Deputy Superintendent of Police, Kanina, District Mahendergarh, Haryana, in Court today and same is taken on record. Registry is directed to tag the same at the appropriate place in the paper-book.

It is noticed from the status report that petitioner No.1, Rajneesh @ Chiku, is facing a total of 11 criminal cases; petitioner No.2, Rahul, is facing six criminal cases; and Kuldeep @ KD is facing seven criminal cases. Paragraph No. 11 of the status report describes the role of each of the accused, and for reference, the same reads as under:

“11. That the role of the petitioners which has been established during the course of investigation is that on 26.02.2025, police party received a secret information that the petitioners and other co-accused persons are standing at Bohka to Modi Bhojawas Road in their vehicle Verna bearing No. HR-26DT-7561 and vehicle Scorpio bearing No. HR-35S-4694 and they are planning for looting the persons who are coming after attending marriage and going to attend marriage. They are noticing the vehicles of bride and bridegroom and standing at the small distance of road armed with danda, pistol, country made pistol etc. and they are planning to commit an offence. On the said information, raiding party was constituted and reached at Modi Road and found standing above said two vehicles Verna and Scorpio. The Police Party apprehended the petitioners and other co-accused persons namely Anil, Surender, Sanjay, Subham and Sheel Madhur and the personal search of the petitioners and co-accused persons were conducted. When Rajneesh @ Chiku son of Sheoram, r/o Chandu Wali Dhani i.e. the petitioner no.1 was searched, three live cartridges were recovered from the pocket of his jeans. Wooden stick was recovered from the possession of Kuldeep @ KD son of Babu Lal i.e. petitioner no3. When accused Rahul ie. petitioner no.2 was searched, one pistol was recovered from his pocket. On asking, they could not produce any permit or licence. The petitioners alongwith their companions by illegally possessing weapons and conspiring with the intent to rob the general public, have committed the offence in an organised manner as members of gang led by co-accused Anil Kumar. During police remand, on 01.03.2025, accused Rahul i.e. petitioner no.2 and co-accused Anil got recovered a country made doga which was taken into police possession vide recovery memo. On the same day i.e. 01.03.2025, accused Rajneesh @ Chiku i.e. petitioner no.l got recovered a country made pistol in pursuance of his disclosure statement which was taken into police possession vide recovery memo. It is pertinent to mention here that as per record, various criminal cases are already registered/pending against the petitioners. The petitioners have committed the offence punishable under section 111 (3), 111 (4), 111 (2) (b), 310 (4), 310 (5), 61 (2) of BNS, 2023 and section 25/25 (6)/25 (7)/29 of AMIRS Act 54 of 1959 which is a serious offence for which they are not entitled to get the regular bail from this Hon’ble Court.”

Petitioners are in custody since 27.02.2025. Investigation in the present case stands completed, and final report has also been submitted, though charges are yet to be framed. It is also noticed that co- accused, namely Shivam Sharma, who was involved in 16 other criminal cases and other co-accused namely, Surender Singh Bagri, Shubham @ Saka, Sanjay @ Laddu, Sheel Madhur and Anil, have also been granted the concession of regular bail. From the possession of petitioner No.1-Rajneesh @ Chiku three live cartridges were allegedly recovered from his jeans; from petitioner No.2-Rahul’s pocket, one pistol was recovered and from petitioner No.3-Kuldeep @ K.D, one wooden stick was recovered and nothing more is to be recovered from them, as they are already in judicial custody.

Accordingly, without expressing any opinion on the merits of the case, prayer made in the present petition is allowed. Petitioners are ordered to be released on regular bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned Trial Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case.

Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law.

Petition stands disposed of.