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grants bail to three accused, flags organized crime trend
The on granted to three accused — Kuldeep Tyagi, Aman @ Aman Bhati and Akash @ Akash Bhati — in connection with a case registered at involving illegal firearms and alleged links to an organized crime syndicate. Justice Sanjay Vashisth, while allowing the petitions, also directed the Additional Chief Secretary to the , to file an affidavit detailing the State's policy framework and institutional measures to curb organized criminal gangs and their .
A Raid That Unraveled a Wider Web
The case originated from FIR No. 34 dated , registered under Sections 111(3) and 111(4) of the and . Subsequently, Sections 318(4), 338, 336(3), 340(2) and 238 of the BNS — corresponding to Sections 420, 467, 468, 471 and 201 of the — were added.
According to the prosecution, acting on secret information, a police raid led to the apprehension of Akash @ Akash Bhati, from whom one country-made pistol with four live cartridges and a country-made rifle/carbine with four more live cartridges were allegedly recovered. His implicated his brother Aman @ Aman Bhati, who allegedly revealed that the weapons had been handed over after being received in a bag from co-accused Mukesh. A subsequent statement pointed toward Vishal Kaushik as a supplier of additional arms.
Aman has been in custody since ; Akash since ; and Kuldeep Tyagi, from whom one country-made pistol and two live cartridges were allegedly recovered, since .
'' or False Implication?
Opposing bail, the State argued the case was far from an isolated firearms recovery.
"The present case is not an isolated incident involving mere recovery of illegal firearms, but forms part of the activities of an organised criminal syndicate operating in the States of Haryana, Delhi and Uttar Pradesh,"
the prosecution submitted.
According to the State, the syndicate — allegedly led by
Kaushal Chaudhary
and
Himanshu @ Bhau
, both residing abroad — has been orchestrating murders, attempted murders and extortion through local associates. The petitioners, it was contended,
"were functioning as
of the said gang by facilitating the procurement, concealment and supply of illegal firearms and forged identity documents."
The State also highlighted the petitioners' criminal antecedents: 17 prior cases against Kuldeep, 5 against Aman and 2 against Akash.
Counsel for the petitioners countered that the disclosure statements were inadmissible except to the extent permitted under , and that the investigation had already been completed with the challan presented. They further pressed the , noting that co-accused Vishal Kaushik and Munesh Lamba had been granted bail by the High Court on and respectively, while Amit and Rohit received bail from the Additional Sessions Judge, Palwal on and .
Bail Granted; Merits Left Open
Justice Vashisth, without commenting on the merits, held that continued custody was unwarranted.
"The recoveries attributed to each of the petitioners have already been effected and, therefore, no useful purpose would be served by their further incarceration,"
the Court observed.
The petitions were allowed, and the petitioners were ordered to be released on , subject to furnishing and to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case. The trial Court was directed to proceed independently based on evidence available on record.
A 'Disturbing Trend' Draws Judicial Attention
What sets this order apart is the
concern expressed by the Court.
"This Court deems it appropriate to take note of the disturbing trend emerging in certain districts of the State of Haryana, particularly Palwal, Faridabad and Gurugram, where organised criminal gangs and their
are alleged to be operating with increasing frequency. Such activities have serious ramifications for the maintenance of
and the safety and security of citizens."
The Court noted that border districts adjoining Uttar Pradesh
"have witnessed a significant rise in such organised criminal activities during the past few years."
It directed the Additional Chief Secretary to the
, to file an affidavit by
, apprising the Court of:
- The preventive, investigative and intelligence-based mechanisms adopted by the State
- Inter-agency coordination in place
- Specific measures undertaken to maintain law and order and curb organized criminal activities in Palwal, Faridabad and Gurugram
Key Observations
"Without expressing any opinion on the merits of the case, this Court finds that the investigation stands concluded and the final report has already been presented before the competent Court. The recoveries attributed to each of the petitioners have already been effected and, therefore, no useful purpose would be served by their further incarceration."
"This Court is of the considered opinion that the petitioners have made out a case for the grant of ."
The order serves as a reminder that even in cases involving serious allegations of organized crime, courts will weigh the stage of investigation, the and the utility of continued — while keeping a watchful eye on the broader law-and-order challenges flagged by such cases.
