Virender Singh, Judge.

1. By way of the instant bail application, filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), applicant-Gurjant Singh has sought his release, on bail, during the pendency of trial, in case FIR No. 237 of 2022, dated 29th August, 2022, registered with Police station Nalagarh, under Sections 307, 186, 120 (B) of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 25-54-59 of the Arms Act.

2. According to the applicant, he is innocent and has nothing to do with the commission of the alleged offences, as, he has falsely been implicated, in the present case.

3. It is the case of the applicant that he is in judicial custody for more than two years and six months. According to him, the police has filed the charge sheet before the learned trial Court and even after a lapse of sufficient long time, not even a single witness has been examined, in the case, so far.

4. As per the applicant, the conclusion of the trial, against him, will take sufficiently long time, as such, no useful purpose would be served, by keeping him in judicial custody, by curtailing his liberty, as, it will amount to pre- trial conviction.

5. Apart from this, it is also the case of the applicant that he is permanent resident of the address, as mentioned in the bail application, having deep roots in the society, as such, there is no chance of his absconding or evading the prosecution or fleeing from justice.

6. Applicant has tried his luck by moving bail application before the learned Additional Sessions Judge, Nalagarh, District Solan, however, the said application was dismissed, vide order, dated 4th May, 2023. The applicant has also tried his luck by moving similar bail applications, before this Court, which came to be dismissed.

7. Now, the applicant has filed the present application, on the ground of changed circumstances, as, according to him, the trial has been delayed, since, charge against him has been framed on 15th March, 2024, and the case is still being listed for fixation of evidence.

8. The learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail, during the pendency of the trial.

9. On the basis of the factual position, as mentioned in the bail application, a prayer has been made to allow the bail application and release the applicant on bail, during the pendency of the trial.

10. When put to notice, the police has filed the status report, disclosing therein, that on 29th August, 2022, when Inspector Shyam Lal was on patrolling duty, then, he received the information regarding the incident of firing in Court Complex, Nalagarh, upon which, he informed the police. In pursuance of the said information, Sub Inspector Chaman Lal, alongwith other police official, reached Court Complex, Nalagarh, where Constable Gopal Singh No. 314, has got recorded his statement, under Section 154 CrPC, disclosing therein that he is working with 6th IRBN Dhaulakuan and temporarily attached with Police Line, Nahan for prisoners security guard duty. On 29th August, 2022, a police party, under the leadership of SI Jaswant Singh, has brought undertrial Ajay @ Sunny, who has been arrested in Case FIR No. 100 of 2021, dated 3rd April, 2021, registered under Sections 147, 148, 149, 326, 201 IPC, with Police Station Nalagarh, as the said undertrial has to be produced before the Court of learned Additional Chief Judicial Magistrate, Nalagarh.

10.1. After producing the said undertrial in the Court, at about 12 in the noon, when they came out from the Court Complex, then, one person, aged about 20-25 years, who had worn cream coloured shirt and white coloured headgear, came there from right side, having a pistol in his hand and in order to kill Ajay, he has fired a gun shot, upon which, there was a hue and cry in the Court Complex. When, the people present there tried to overpower him, then, he has fired two more shots in the air. The complainant also tried to nab him, but, the said person had ran towards the main road, where, one person was already there with the motorcycle. The said person, after taking lift on the motorcycle, had fled away towards the Police Station. Thereafter, the complainant came back in order to give security to undertrial-Ajay. Later on, he came to know that the person, who had fired the gun shot, and his companion, had left the motorcycle, bearing No. HR-08Y-1026 near Police Station Nalagarh and eloped towards the jungle.

10.2. On the basis of the said statement, the police registered FIR under Sections 307 and 34 IPC and Section 25-54-59 of the Arms Act. After registration of the FIR, the criminal machinery swung into motion.

10.3. During investigation, the spot was visited. From the spot, one lead core, one copper jacket, two empty cartridges and one interlocking tile having the bullet mark, were taken into possession. About 300 meters away from the spot, the police noticed an empty bullet, on the National Highway. The motorcycle was also found near the said place. All the above articles were taken into possession.

10.4. In view of the statements of the witnesses, recorded under Section 161 CrPC, police added Sections 186 and 120 IPC, in the FIR and Section 34 IPC was deleted from this case.

10.5. Thereafter, the accused persons were searched.

On 3rd September, 2022, police received an intimation from Delhi Police regarding arrest of one accused, namely, Vakil @ Billa, against whom, the police of Special Cell, Delhi, has registered a case under section 25-54-59 of the Arms Act, vide FIR No. 276 of 2022.

10.6. As per FIR No. 276 of 2022, accused-Vakil @ Billa and his companions had planned to get Ajay @ Sunny freed from the custody in the case registered under Section 307 IPC at Police Station Nalagarh. In order to get him released, the firing was made.

10.7. During investigation by the Special Cell of Delhi Police, on the basis of the disclosure statement made by accused-Vakil @ Billa, the other accused persons, namely, Vikram Singh @ Vicky, Pragat Singh and Gurjant Singh (applicant) were arrested and sent to judicial custody.

10.8. Consequently, SI Ramesh Chand reached Delhi on 16th September, 2022 and has taken into possession the relevant documents pertaining to FIR No. 276 of 2022, Certificate under Section 65B of Evidence Act, arrest memo of the accused, confessional statement of the accused, memo vide which the mobile phone of accused-Ajay was taken into possession, motorcycle No. HR-41C-8062 of accused-Gurjant Singh (applicant), Mobile phone and Airtel Dongle of accused-Vakil Singh, Mobile phone of accused- Pragat Singh, magazine with four live cartridges of accused- Gurjant Singh (applicant), Pistol with three live cartridges of accused-Pragat, Pistol with four live cartridges of accused- Vakil, Pistol with four live cartridges of accused-Ajay, Magazine and one cartridge of accused-Vikram Singh, sketch maps of the arms, so recovered, copy of the Court order, under Section 52A CrPC, passed by learned CMM Court, Patiala House, New Delhi from IO SI Ankur Sehajpal of Police Station Special Cell, New Delhi.

10.9. During the investigation, involvement of accused- Vakil @ Billa and his associates, accused-Vikram Singh @ Vicky, Ajay @ Mental, Pragat Singh and Gurjant Singh (applicant) was found. Since, the above named accused persons were in the judicial custody in case FIR No. 276 of 2022, dated 2nd September, 2022, registered under Section 25-54-59 of the Arms Act with Police Station, Special Cell, Delhi, and were lodged in Central Jail, Tihar, Delhi, as such, from the Court of learned Additional Chief Judicial Magistrate, Nalagarh, production warrant in the name of Superintendent of Central Jail, Tihar, Delhi, was obtained. Consequently, on 26th September, 2022, they all were produced before the Court of learned Additional Chief Judicial Magistrate, Nalagarh, and their custody was then transferred, in this case.

10.10. During the investigation, accused-Vakil Singh @ Billa disclosed that during the years 2019-21, he was lodged in Central Jail, Ambala, in a case registered under Section 307 IPC, where he met a person, namely Simmu.

Thereafter, in the year 2021, accused-Vakil @ Billa, as well as, Simmu were released on bail. The said Simmu, thereafter, had arranged a telephonic conversation of accused-Vakil @ Billa, with a person, namely Bhupi, who told that his elder brother will talk to him. After about 15- 20 days, he received a call on Telegram app, in the name of CHD, wherein, the caller disclosed that his brother Ajay @ Sunny @ Lifty is in custody in a case at Nalagarh and he is apprehending threat to his life from the group having allegiance with Lawrence Bishnoi Gang, as such, he is to be get freed. It has also been apprised to him that he has to be produced before the Court at Nalagarh on 29th August, 2022. Thereafter, the said CHD requested him to conduct recce of the Court at Nalagarh, upon which, accused Vakil @ Billa and Pragat had conducted recce on 23rd August, 2022.

10.11. During investigation, it was found that they had stayed in a Hotel, namely BK Hotel. The relevant entry was found in the visitor’s register at serial No. 298. Thereafter, both the accused returned back. On 25th August, 2022, accused-Vakil @ Billa again received Telegram call from said CHD, directing them to arrange one person for help and also arrange for two motorcycles. They were also directed to remain present at Lucky Dhaba on Patiala road, where, they will get the logistics, upon which, accused Vakil @ Billa reached at that spot at about 8-9 pm, where, he noticed one Thar vehicle and two unidentified persons, who handed over him two pistols, disclosing therein that the same were fully loaded, only trigger is to be pulled. Thereafter, accused- Vakil went to Kaithal and disclosed all these facts to accused-Vikram @ Vicky, who was also associated.

10.12. On 26th August, 2022, accused Vakil @ Billa and Vikram @ Vicky kept searching for the bike, but, the same was not found, upon which accused Vicky proceeded on a secluded road. Thereafter, taking lift on a bike, he reached at the place where accused-Vakil @ Billa was present and both of them, snatched the said bike, at the gun point. Thereafter, both of them had gone towards Jind.

10.13. On 28th August, 2022, at about 7.00 a.m., they found one TVS motorcycle, alongwith keys, on Pandri- Karnal road. They lifted the said bike and proceeded towards Panchkula, where, the person, namely CHD called them, directing them to stay near Hotel Taj Inn at Zirakpur, where one unidentified person had paid them ₹ 20,000/-.

Thereafter, said CHD apprised them that two persons will be made available. When they reached near Hotel Taj Inn, at about 4-5 p.m., Gurjant Singh (applicant), Pragat Singh and Ajay @ Mental met them. All the aforesaid four accused persons had proceeded on motorcycles to BK Hotel Baddi, where, they had stayed in Room No. 105.

10.14. On 29th August, 2022, accused-Vakil @ Billa and Vikram proceeded on one bike whereas Pragat and Gurjant Singh (applicant) proceeded on another bike to Court Complex, Nalagarh at about 8.00 a.m. The said CHD forwarded the photograph of Ajay @ Sunny to accused-Vakil @ Billa. Upon this, accused-Vakil @ Billa directed accused- Vikram @ Vicky to park his bike near the Court, whereas, accused-Gurjant Singh (applicant) had taken away the bike to the other gate of the Court complex. As per the plan, accused-Pragat Singh went inside the Court, after purchasing bananas, on the pretext of giving the same to Sunny and apprised him that these bananas were sent by his brother, but, the said Sunny refused to accept the same. Thereafter, Pragat Singh came out of the Court.

10.15. Thereafter, accused-Vakil had handed over one pistol to accused-Pragat Singh, who was already having one pistol with him. As per the plan, after firing the bullets, Sunny will come to them and thereafter, one pistol was to be given to Sunny, so that the said Sunny, after firing the bullets, can flee from there.

10.16. At about 12 in the noon, Sunny came out in the custody of the police. Then, accused-Pragat Singh fired a bullet, however, Sunny, after hearing the gunshot, ran towards the Court. When people had started gathering there, Pragat again fired two bullets and, as per plan, Pragat Singh had run towards Gurjant Singh (applicant), who, was already there with bike, whereas Vakil had run towards Vikram, who has having the another bike. Both the said persons had already started the bikes. Thereafter, they fled away from the spot. While fleeing away, on the way, the bike, upon which Vikram and Vakil were fleeing, had fallen down, whereupon Vakil had fired two gunshots and ran towards the jungle. Later on, both of them had taken the lift in a jeep and reached Ramgarh.

10.17. During investigation, accused-Pragat Singh, while corroborating the version of accused-Vakil @ Billa had disclosed that Ajay @ Mental had handed over the pistol and cartridges at Majri Chowk. Ajay @ Mental also disclosed that when, he was in Central Jail, Ambala, then, he had developed friendship with accused-Vakil @ Billa. Accused- Vakil @ Billa used to receive Telegram calls from CHD and Killer-47. His friend Lucky Patial, who is stated to be in foreign country, belongs to Bambiha Gang.

10.18. As per the status report, applicant-Gurjant Singh, during investigation, has disclosed that he, alongwith his friends, had snatched one Brezza Car at Nangal, Tehsil Kharar, District Mohali (Punjab), upon which, FIR was registered and in the said FIR, his friends were arrested by the police, but, he managed to abscond. Thereafter, he met accused-Pargat Singh in Sector 43, Chandigarh and both of them came to Panchkula, where, accused-Vakil and Vicky met them, and accused-Pargat Singh disclosed to them that they have to get one boy freed, from Nalagarh Court. Subsequently, all of them went to Nalagarh on motorcycles and stayed in BK Hotel.

10.19. On the basis of the disclosure made by the accused persons, all the four accused persons, including applicant-Gurjant Singh, were arrested.

10.20. It has been mentioned in the status report that after the completion of investigation, the police has submitted the report, under Section 173 (2) CrPC, on 23rd November, 2022, in the Court of learned Additional Chief Judicial Magistrate, Nalagarh, against accused-Vakil @ Billa, accused-Ajay @ Mental, accused-Gurjant Singh (applicant) and accused-Pragat Singh. Thereafter, the police has filed the supplementary challan, before the trial Court on 21st January, 2023.

10.21. As per the status report, the case is pending adjudication before the learned trial Court.

11. Apart from this, the learned Additional Advocate General, appearing for the State, has argued that the manner, in which, the crime has been committed by the accused persons, including the applicant, it will be very difficult to secure his presence during the trial, in case, the applicant is ordered to be released on bail.

12. According to the learned Additional Advocate General, the present case is the outcome of an inter-gang rivalry, which is unknown for the peaceful State of Himachal Pradesh.

13. On the basis of the above facts, a prayer has been made to dismiss the bail application.

14. The applicant has been arrested for the offence, punishable under Sections 307, 186, 120B IPC and Section 25-54-59 of the Arms Act.

15. The manner, in which, the crime in question, has been committed, as per the status report, read with the fact, that the accused persons, including the applicant, have made efforts to get an undertrial freed from the custody of the police, by terrorizing them, raises an apprehension that in case, the applicant is ordered to be released on bail, he may not be available for the trial.

16. Considering the fact that even the Courts are not safe from such type of incidents, then, releasing the applicants on bail will not only give a wrong signal to the society, but, it will also encourage the other persons to take law in their hands.

17. So far as the delay in trial is concerned, the police has taken the specific plea that the weapons, which, the Delhi Police had taken into possession, are yet to be got transferred, in this case. Moreover, the Police at Delhi has sent the weapons to laboratory and the report is still awaited. As such, the delay, as highlighted, cannot be said to be undue delay, warranting bail.

18. Considering the allegations, levelled against the applicant, even, releasing him on bail would endanger his own life, as, according to the status report, the incident in question had occurred due to the inter-gang rivalry. Moreover, at the time of deciding the bail application, a delicate balance between the individual liberty and larger interest of the society has to be maintained. Releasing the applicant on bail, at this stage, according to the facts and circumstances of the case, would give a wrong signal to the society that after committing such a serious offence, the person is moving freely in the society.

19. Even otherwise, the allegations, according to which, an attempt was made by the applicant, alongwith his accomplices, to get an undertrial prisoner freed from the judicial custody, that too, from the Court Complex, speaks voluminously about the seriousness of the offence.

20. Considering all these facts, in the considered opinion of this Court, the applicant is not able to make out a case for grant of bail, on the ground of changed circumstances. As such, there is no occasion for this Court to pass any order in favour of the applicant, releasing him on bail. Consequently, the bail application is dismissed.

21. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.