241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.09.2025 Pronounced on: 09.09.2025 NAKSHATRA @ NAKSHU ...PETITIONER VERSUS STATE OF HARYANA …RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Monu Sharma, Advocate for Mr. Rohit Mittal, Advocate for the petitioner.

Mr. Atul Gaur, AAG, Haryana.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

215 12.07.2025 Khol, District Rewari 25/29(1-b)(a)-54-59 of Arms Act

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. Per paragraph 04 of the bail application and para 11 of the status report dated

20.08.2025, the petitioner has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

1. 143 05.04.2025 25 of Arms Act Rampura, Rewari 2. 145 25.05.2023 25 of Arms Act Rampura, Rewari 3. 101 25.07.2024 308/109/251/2(5) of BNS, Jatusana, Rewari Section 25 of Arms Act

4. 48 24.02.2023 307/281/34 of IPC and 25 of City Rewari Arms Act

5. 206 26.06.2023 351(2)/109(1)/3(5) and 61(2) City Rewari of BNS and Section 25 of Arms Act

3. The facts and allegations are being taken from the status report filed by the State, which reads as follows:

“That the brief facts leading to the registration of the aforementioned FIR are that on 12.07.2025 police party were present for patrolling at Kund Bus Stand Renu Bala when a secret informer met the police personnel and stated that a young boy who had illegal country made weapon was currently sitting on the roof of an old ruined house on the temple road on the right side of the road going from Kund to Khol on Kund-Khol Road, if an immediate raid is conducted then he can be country made apprehended with illegal weapon. Believing the informer's information to be true, raiding party was constituted, and upon reaching the ruined house mentioned by the informer, a young boy was found sitting on the roof of the ruined house. On seeing the police party, he jumped from the roof towards the inside of the house. He was apprehended and when asked his name and address, he told his as Gaurav name son ofSatish, resident of Katopur Mohalla, Rewari. He was searched as per rules, and upon search, a country- made pistol was recovered from the left pocket of his trousers, when it was carefully opened and checked, two live rounds were found in the magazine of the pistol. He was asked to produce the license and permit in respect of which, he could not produce it. On measuring, KF 7.65MM pulp was found on the base of both the rounds and on measuring the body of the country made pistol, the length of the Barrel iron was 10 cm and the length of the body iron was 16.5 cm and the length of the buttwas 10 cm. A separate sketch of the weapon magazine and 2 live rounds was prepared. The recovered articles were taken into possession after duly converting them into a sealed parcel. Accordingly FIR aforementioned was registered and investigation was taken up in the matter.”

4. Counsel for the petitioner submits that the petitioner was not named in the FIR. His name surfaced on the basis of disclosure statement of the co-accused, namely, Gaurav from which recovery had been effected. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State’s counsel opposes bail and refers to the reply.

6. It would be appropriate to refer to the following portions of the reply, which read as follows:

“10. Role of the petitioner:

As per the investigation, the petitioner is the person who had provided illegal weapon to co-accused Gaurav after having procured it from co-accused Sameer and had taken Rs.15,000/- from Gaurav against the weapon and ammunition.”

REASONING:

7. Allegations against the petitioner are that he provided illegal weapon to co-accused against money and hi