1. The present petition has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of
the Code of Criminal Procedure, 1973), seeking the concession of regular bail
pending trial in FIR No. 406 dated 22.12.2023, registered under Sections 148,
149, 308, 323, 324, 379-B, 427, 452 and 506 of the Indian Penal Code, 1860
(corresponding to Sections 191(3), 190, 110, 115(2), 118(1), 304, 324, 333 and
351 of the Bharatiya Nyaya Sanhita, 2023), at Police Station Nissing, District
Karnal (Annexure P-1).
2. As per the prosecution, the present FIR came to be registered on
the complaint of Rampal, who alleged that on 19.12.2023 at about 8:25/8:30
p.m., he was present at Power Zone Gym situated on Guhla Road, Nissing,
along with his nephew. At that time, Deepak @ Deep Lot, Sethi, Ajay, Aryan
@ Baba Jati Khati, Rocky, Ravi and about 26-27 other persons, all allegedly
armed with deadly weapons including axes, swords and farsa, forcibly entered
the gym. It is alleged that Rohit @ Rohta, Sethi, Deepak, Kalu and
Chandrakant assaulted Sonu with sharp-edged weapons with an intention to
kill him, whereas Ravi, Ajay, Rocky and Aryan inflicted injuries upon Rahul
with similar weapons. Deepak @ Deep Lot was allegedly carrying a pistol
tucked in his waist. During the course of the occurrence, the accused persons
are alleged to have raised threats and created terror inside the gym.
2.1. It is further alleged that some of the assailants, after concealing
their identities by covering their faces, ransacked the gym premises, damaged
the articles lying therein, removed the CCTV cameras and DVR, and
decamped with cash amounting to ₹50,800/-. The accused are further alleged
to have snatched mobile phones from certain persons who were exercising in
the gym and threatened the complainant and others with dire consequences in
case they continued to run the gym or came forward to depose against them. It
is also alleged that, before fleeing from the spot, the accused persons damaged
the motorcycles parked outside the gym with their weapons and escaped while
brandishing the weapons in the air. On the basis of the aforesaid allegations,
the present FIR was registered under Sections 148, 149, 308, 323, 324, 379-B,
427, 452 and 506 of the IPC.
