Final Order 3

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Bail Matters 1041/2025; FIR No. 95/2021
STATE Vs. Rajiv Kataria
Bail Matters 1041/2025
STATE Vs. Rajiv Kataria
FIR No. 95/2021
U/s 25/25(8) Arms Act
PS:Special Cell
05.07.2025
Present: Sh. Himanshu Garg, Ld. Addl. PP for the State.
Sh. Abhinandan Gautam, Ld. Counsel for applicant/accused.
This is an application for grant of Regular Bail u/s 483 BNSS,
2023 filed on behalf of applicant Rajiv Kataria @ Rajiv Bansal.
Allegations:
As per the reply to the bail application, on the intervening night of
01/02.04.2021, acting upon the basis of secret information, a team of
Counter Intelligence, Special Cell, Delhi has apprehended four wanted and
rewarded criminals namely (1) Yashpal @Sarpanch, s/o Bir Singh r/o Mau,
Pataudi, Gurugram, Haryana Age- 28 Years, (2) Kapil Nehra Kapil Nindana,
s/o Bijender r/o Village Nindana, Tehsil Meham, Distt Rohtak Haryana Age
23 years, (3) Rahul Mehalawat, s/o Balwant r/o Village Bilaspur, Gurugram,
Haryana. Age 23 years & (4) Rajeev Raju Basai, s/o Dhani Ram r/o Basai
Gurugram, Haryana, Age-25 years during a trap laid near Chandgi Ram
Akhara, Ring Road, Delhi. A cache of firearms & ammunition consisting of
two highly sophisticated Zigana Pistols, One Tauraus Pistol, one spare
magazine, one Revolver of 32 bore and in total 70 live cartridges were
recovered from their possession. Accordingly, the present Case FIR No.
95/21, U/s 25/29 Arms Act, Dated 02.04.2021, P.S. Special Cell, Delhi was
registered, and all four accused persons were arrested.
During the course of investigation, it surfaced that the arrested
accused persons are members of criminal alliance of Lawrence Bishnoi-
Sandeep Kala Jatheri-Sube Gurjar Gangs and were executing criminal acts
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Bail Matters 1041/2025; FIR No. 95/2021
STATE Vs. Rajiv Kataria
on their instructions. Accused persons Yashpal Sarpanch and Nehra Kapil
Nindana, disclosed that the weapons recovered from them were supplied on
the instruction/directions of Lawrence Bishnoi s/o Lovinder Bishnoi @
Lokender Bishnoi r/o Village Dutarawaali, P.S. Bhawala, Distt. Fazilka,
Punjab by one unknown persons (Vikramjeet Singh). Lawrence Bishnoi was
formally arrested in the case; he disclosed that 02 Zigana pistols were
supplied by one Vikramjeet Singh Vicky Brar S/o Jugraj Singh R/o Village
Dingawala, Pilibhanga, Distt. Hanumangarh, Rajasthan & 3166, Sector-52,
Chandigarh, Age-33 Years to Yashpal Gang. During the investigation, it
came to knowledge that Vikrmjeet Singh S/o Jugraj Singh has escaped from
India and open NBW was taken, and he was chargesheet as an absconder.
Lawrence Bishnoi was also formally arrested and chargesheet for his role in
an illegal weapon supply syndicate.
During investigation arrested accused Rahul Mehalwat & Rajeev
Basai also disclosed that that illegal arms and ammunition i.e. one Taurus
Pistol and one revolver recovered from their possession were supplied to
them by an unknown person (Anil) on instructions of gangster Sube Gurjar
S/o Puran Singh R/o Bar Gurjar, PS Kherki Daula, District Gurugram,
Haryana.
During investigation on 08.11.2021, after taking permission from
the Hon'ble Court accused Sube Gurjar has been interrogated in Bhondsi
Jail, Gurugram, Haryana. He disclosed that in March 2021, he had provided
one revolver and one Taurus Pistol and some live cartridges to his gang
members i.e. Rajeev Basai and Rahul Mehalawat through his gang member
namely Anil R/o Village Khakhana, District- Jhajjar, Haryana, later he was
also formally arrested in the case. Sube Gurjar and Anil were also
chargesheet for their role in illegal trafficking of arms.
The result of all the recovered arms and ammunition was received
from the FSL Rohini and the prosecution sanction u/s 39 of Arms Act was
obtained against 4 accused namely (1) Yashpal Sarpanch, (2) Nehra @ Kapil
Nindana, (3) Rahul Mehalawat & (4) Rajeev Raju Basai. The same were
filed before the court through a supplementary chargesheet on 26.02.2022
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Bail Matters 1041/2025; FIR No. 95/2021
STATE Vs. Rajiv Kataria
Arguments:
The bail has been sought on the following grounds:
1. The entire case of the prosecution is based on disclosure statements of the
accused persons and none of the facts mentioned therein have been
independently corroborated by the investigation conducted in the present
case.
2. There are varying narratives of the prosecution as the charge-sheet and the
FIR maintains that the weapon carried by the accused person on 01.04.2021
were supposed to be for commission of a heinous crime, however no facts or
evidence discovered independently during investigation have been
corroborate it.
3. The present case even if taken at the face value disclose the commission of
an offence under section 25 (1B) of the Arms Act which entails a maximum
imprisonment for 5 years.
4. The prosecution had not invoked 120B IPC against any of the accused
persons and it had been contended by the applicant accused that in absence
of 120B IPC invocation of section 25(8) Arms Act has no merit.
5. The present case is still pending on the stage of cognizance and the end of
the trial is not in sight in the present case and the applicants continued
incarceration could be a subterfuge, an infringement of a valuable
fundamental right guaranteed under the Constitution of India.
6. There is extended incarceration of more than 4 years in the present case
whereas the matter is still at the pre-charge stage, where the maximum
sentence prescribed for the charged offence is up to 5 years.
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Bail Matters 1041/2025; FIR No. 95/2021
STATE Vs. Rajiv Kataria
7. The applicant/accused has a permanent abode, has a family to support, is
a resident of Gurugram and is a known respectable person and he has deep
roots in the society.
Ld. Addl. PP for the State has opposed the bail application on the
following grounds:
1. The present applicant is a hardcore criminal of Lawrence Bishnoi-
Sandeep Kala Jatheri- Sube Gurjar Gangs and involved in many heinous
crime.
2. The case is as the stage of framing of charge and next date is fixed for
07.08.2025.
3. The presence of accused can't be ensured at the time of trial if bail granted
to him.
4. One 0.32 revolver along with 05 live rounds recovered from the accused at
the time of arrest and the FSL result is received.
Observations:
Applicant/accused is in custody since 02.04.2021, i.e., for over
four years for offence u/s 25 & 25(8) of Arms Act. The case is still at the
stage of framing of charges as per the reply filed by IO dated: 02.06.2025.
From the present accused, one 0.32 revolver alongwith 5 live rounds were
recovered at the time of his arrest.
The accused is in custody since 02.04.2021 and the trial is yet to
commence as the charge is yet to be framed. Completion of the trial would
take substantial time.
Accordingly, in view of his custody period and the stage of
trial, I am inclined to allow present bail application subject to the
following conditions:
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Bail Matters 1041/2025; FIR No. 95/2021
STATE Vs. Rajiv Kataria
(a) The applicant shall furnish a personal bond and surety bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound sureties of
like amount.
(b) The applicant shall furnish to the Investigating Officer/ S.H.O, a
cell phone number on which the applicant may be contacted at any time
and shall ensure that the number is kept active and switched-on at all
times;
(c) The applicant shall not tamper with evidence nor otherwise indulge
in any act or omission that is unlawful or that would prejudice the
proceedings in the pending matter;
(d) The applicant/accused will not leave the country without prior
permission of the court and will surrender his passport with the court
concerned.
Copy of this order be given dasti to Ld. Counsel for
applicants/accused person and in compliance of Sanjay Singh Vs. State
(Govt. of NCT of Delhi), Writ Petition Criminal no. 974/22, copy of this
order be also sent to the concerned Jail Superintendent to convey the
order to the inmate.
(Saurabh Partap Singh Laler)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
05.07.2025
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