THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.48545 of 2025 Date of Decision: 01.09.2025 Vikas Kangra @ Vikas Kumar ..... Petitioner Versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Ajay Kalra, Advocate and Ms. Isha Janjua, Advocate for the petitioner.

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RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.0176, dated 31.05.2025, under Sections 25(1-B)(a) of Arms Act, 1959 and Sections 109(1), 115, 190, 193(3), 324(4), 351(3) of BNS, 2023, registered at Police Station Sector-5, District Gurgaon, Haryana (Annexure P-1).

2. Succinctly the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Vijay son of Devendra. It was alleged that he was sitting near Chhoti Mata Mandir along with Akash, Yuvraj and Kunal. All of sudden one car make Kia Seltos came from the side of cremation house, which was being driven by Ashu and Sagar was sitting on the passenger seat. On the rear seat, 03 unknown young boys were sitting with muffled faces. There were 5-6 two wheeler vehicles as well following the same car and 15-16 young boys were there. All were carrying wooden sticks and some country made pistols too. Sagar pointed pistol towards the complainant and thereafter, he shot at him with intention to kill but the complainant ran to escape. The pallets of the bullet hit on the back and left hand of the complainant. Those boys also damaged the motorcycle of the complainant as well as the material kept in the office and took away the DVR of the CCTV cameras installed in the office. When the crowd gathered, on hearing the commotion, all the accused escaped. It was requested to take legal action against Sagar, Ashu, Deepak, Sohail, Deepak @ Ganji, Vishal Kangra, Baljeet, Vikas Kangra (petitioner), Abhishek, Vishal Khattar and other 17-18 persons. On registration of the FIR, the investigation commenced. Apprehending his arrest, the petitioner approached the Court of learned Additional Sessions Judge, Gurugram praying for the grant of anticipatory bail. However after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Gurugram dismissed the bail application filed by the petitioner vide order dated 14.08.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of anticipatory bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that as per the allegations, it is the co-accused, namely, Sagar, who fired shot at the complainant. He has submitted that brother of the petitioner had earlier lodged the FIR bearing No.408, dated 07.12.2024, under Sections 109(1), 3(5) of BNS (Section 103(1) of BNS added later on) and Section 25 of Arms, Act, against the accused persons, wherein they had murdered a young boy, namely, Lucky, who was an acquaintance of the petitioner. He has submitted that the petitioner is one of the eye-witness in the said FIR. He has submitted that the petitioner has been roped in the present FIR in a premeditated manner as a counter blast to the FIR registered by the brother of the petitioner. He has submitted that no prima facie case as alleged against the petitioner is made out and thus, he deserves to be granted anticipatory bail.

4. Notice of motion.

5. On asking of the Court, Mr. Sumit Jain, Addl. A.G., Haryana appears and accepts notice on behalf of the respondent-State.

6. At this stage, Mr. Abhimanyu Singh, Advocate has appeared and filed his memorandum of appearance on behalf of the complainant, which is taken on record. He has vehemently opposed the submissions made by learned counsel for the petitioner and has submitted that no ground for the grant of anticipatory bail to the petitioner is made out and thus, the present