Madhya Pradesh High Court
Dheerendra @ Veeru Tomar vs The State Of Madhya Pradesh Thr on 21 August, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 31250/2018
(Dhirendra alias Viru Tomar Vs. State of M.P.)
(1)
Gwalior, dated : 21/8/2018
Shri Kuldeep Thapak, Advocate for the applicant.
Shri Prakhar Dhengula, Public Prosecutor for the
respondent-State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Padav District Gwalior in connection with Crime No.96/2018 registered in relation to the offences punishable under sections 302, 307, 147, 148, 149, 120B of the IPC and 25/27 of the Arms Act.
Prosecution story, in short, is that on 20/2/18, at about 4.15 p.m., complainant Shiv Narayan Singh was returning home on a Royal Enfield Motorcycle with Abhishek Tomar after attending court proceedings at District Court, Gwalior, followed by Raman Chauhan and Sanjay Tomar on another Motorcycle. As they reached near LIC office at Tansen road, a white colored Safari Car and an Apache Motorcycle came near them. The Apache Motorcycle was being ridden by Biru alias Birendra and pillion rider Pankaj Sikarwar. Remaining miscreants namely Vijay Bhadoriya, Amit Bhadoriya, Ravindra Sikarwar, Sonu Rathore and Omi alias Omkar Rathore were in the Safari driven by Sonu Rathore. Owing to previous enmity, Pankaj fired from his pistol at Abhishek causing injury on his face and Biru fired at Abhishek's abdomen. Thereafter, alighting from Safari, Omi Rathore, THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 31250/2018 (Dhirendra alias Viru Tomar Vs. State of M.P.) (2) Vijay Bhadoriya, Sonu Rathore, Ravindra Sikarwar and Amit Bhadoriya, with common object to kill, fired from their pistols at Abhishek causing injuries on head, abdomen and other parts of his body. Abhishek fell on the road. When Raman and Sanjay came forward to save Abhishek, they were also fired at but they narrowly escaped. The incident was witnessed by Raman Chauhan, Sanjay Tomar and Sanjay Choudhary. Abhishek died on the spot.
Learned counsel for the applicant submits that the applicant has been falsely implicated. It is submitted that applicant has been implicated on the basis of memorandum of co-accused recorded u/s 27 of the Evidence Act. Deceased himself was a history sheeter. Investigation is over and charge-sheet has been filed. He is in custody since 3/5/18. He is a permanent resident of Gwalior and there is no likelihood of his absconsion, if released on bail. With the aforesaid submissions, prayer for grant of bail is made.
On the other hand, learned Public Prosecutor and learned counsel for the complainant opposed the application and prayed for its rejection contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is submitted that it is a case of contract killing and organized crime. The applicant is named in the FIR and has fired gunshot. The post mortem report reveals that the deceased had received as many as 10 firearm injures. Besides applicant has criminal antecedents, inasmuch as three other criminal cases are registered against him. With the aforesaid submissions, it is prayed that THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 31250/2018 (Dhirendra alias Viru Tomar Vs. State of M.P.) (3) no indulgence is warranted.
Considering the nature of allegations coupled with criminal antecedents of the applicant, in the opinion of this Court, no case for grant of bail is made out.
The application, accordingly, stands dismissed.
(S.A. Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.08.23 15:14:25 +05'30'