209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 10.01.2025 Pronounced on: 30.01.2025 Kuldeep @ Rathi ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Rohit Mittal, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

388 10.11.2023 Sadar 186, 307, 353, 427, 201, 34 Mahendergarh, IPC and 25 of the Arms Act District Mahendergarh

1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 439 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. Per paragraph 9 of the bail application and para 8 of reply/custody certificate, the accused has the following criminal antecedents:

Sr. FIR No. Date Offenses Police Station No.

1. 140 13.03.2020 147, 149, 323, 427 and 506 IPC Mahendergarh, District Mahendergarh

2. 338 31.07.2021 61/4/20 of Excise Act City Mahendergarh, District Mahendergarh

3. 409 30.09.2021 148, 149, 323, 452 and 506 IPC City Mahendergarh, District Mahendergarh

4. 485 02.12.2021 148, 149, 427, 506 and 509 City Mahendergarh, District Mahendergarh

5. 529 26.12.2021 25/54/59 of Arms Act City Mahendergarh, District Mahendergarh

6. 387 06.09.2021 61/4/20 of Excise Act City Mahendergarh, District Mahendergarh

7. 186 07.06.2022 148, 149, 323 and 506 IPC City Mahendergarh, District Mahendergarh

8. 100 17.03.2023 307, 341, 506, 34 IPC and Sections Sadar, Mahendergarh, 25/54/59 of Arms Act District Mahendergarh

9. 288 04.09.2022 61/4/20 of Excise Act City Mahendergarh, District Mahendergarh

3. The facts and allegations are taken from the status report dated 30.12.2024, which reads as follows:

“ That the brief facts of the case are that on 09.11.2023, SI Devender Singh alongwith HC Satyawart no.306/NNL, HC Sunil no.445/NNL, SPO Sudhir no.287/NNL in govt. vehicle bearing registration no. HR-35GV-4753 which was being driven by Sandeep (Koshal Rojgar) was present at Akoda Bus Stand for patrolling duty where an information was received from an informer that 5-6 young boys armed with weapons were entering in village Khudana in two vehicles bearing registration no. 66C/3725 'Auro' car and HR-26DK-1216 'Brezza' and they may commit any offence. On the said information, at about 7:30 PM the police party reached at village Khudana bus stand and they saw a white colour Auro car coming from the side of Khudana village. The said car was signalled to stop. However, the driver of the said car hit their car to the official vehicle of the police with intention to kill them. They fled away towards the Khudana Bani alongwith their car. When the police chased the said car, they also found the 'Brezza' car in the Banni in damaged condition. The said 'Brezza' car was taken into police custody. The assailants also fired upon the police to kill them. The police searched for the assailant, but they could not be apprehended. On 10.11.2023, SI Devender alongwith police officials reached at village Pathera canal and they found the said 'Auro' car in damaged condition, which was taken into police possession and parked at a safe place. Thereafter, SI Devender Singh alongwith his fellow officials reached on the spot at village Khudana and enquired about the assailants but no clue was traced. The assailants who came in Brezza car and Auro car and hit the police's vehicle with intention to kill them have committed an offence punishable u/s 186, 353, 427, 307 and 34 of IPC and section 25-54-59 of ARMS Act whereupon, SI Devender Singh sent a writing (tehrir) to police station through HC Sunil Kumar no.445/NNL for registration of the case and he made the request to send the another investigating officer to conduct the further investigation as he (SI Devender Singh) became the complainant in the present case and on the basis of said tehrir, the present case vide FIR No. 388 dated 10.11.2023 u/s 186, 353, 427, 307 and 34 of IPC and section 25-54-59 of Arms Act was registered at Pol