Punjab-Haryana High Court
Himanshu vs State Of Haryana on 2 April, 2024
Neutral Citation No:=2024:PHHC:044194
CRM-M-15613-2023 2024:PHHC:044194
CRM-M-51723-2023 2024:PHHC:044197
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Reserved on : 21.03.2024
Pronounced on: 02.04.2024
1. CRM-M-15613-2023
Himanshu ..... Petitioner
Vs.
State of Haryana .....Respondent
2. CRM-M-51723-2023
Kamaldeep Singh @ Kamal ..... Petitioner
Vs.
State of Haryana .....Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- None for the petitioner in CRM-M-15613-2023.
Mr. Sandeep Singh Jattan, Advocate
for the petitioner in CRM-M-51723-2023.
Mr. Sumit Jain, Addl. A.G. Haryana.
Ms. Sweta Beniwal, Advocate for
Mr. Aman Pal, Advocate for the complainant.
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DEEPAK GUPTA, J.
In two petitions titled above, both filed under Section 439 Cr.P.C., petitioners pray for their release on regular bail in case FIR No.50 dated 16.03.2021 registered under Sections 148, 149, 302, 201 of Indian Penal Code; and 3 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Sections 148, 149 IPC have been deleted) at Police Station Shahzadpur, District Ambala.
2. FIR was lodged on the statement of Ashok Kumar, stating therein that his son Anil Kumar was missing since 14.03.2021 and later on, his dead body was found in the forest on 16.03.2021. It was alleged by the complainant that about two years back, family members of Sajjan Singh along with others had given beatings to his son Anil Kumar, regarding which a family settlement had taken place. It was discovered from the mobile of Page No.1 out of 9 pages 1 of 9 ::: Downloaded on - 04-04-2024 03:07:27 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 Anil that he was chatting with Aman Devi on WhatsApp. It was suspected by the complainant that his son Anil had been murdered by son of Pale, Rinku, Manish Kumar, Shanky, Gaurav and Chandu and that in order to destroy the evidence, dead body of his son had been thrown in the forest.
3. During the course of investigation, a broken mobile of the deceased was found from the spot revealing WhatsApp chat of the deceased with Aman Devi. The said Aman Devi was apprehended and after doing inquiry, she was arrested on 18.03.2021. She suffered disclosure statement, admitting the crime in connivance with co-accused Himanshu and his friend. On the same day, Himanshu (petitioner in CRM-M-15613 of 2023), Kamaldeep Singh @ Kamal (petitioner in CRM-M-51723 of 2023) and Sumit Sharma alias Vishal were arrested. On interrogation of three of them, they suffered separate disclosure statements. The disclosure statement suffered by petitioner - Himanshu led to the recovery of a Garari type Gandasi used in the crime as a weapon of offence. The accused also got recovered motor-cycle used in the crime. Kamaldeep Singh @ Kamal and Sumit Sharma led the police party and got recovered separate mobiles along with the sims, which were taken into possession. The recovered mobiles were sent to CFSL, Moginand (Panchkula). The screen-shot of the chats between the deceased and the accused- petitioner were obtained. Call detail records were collected. After completing necessary investigation, final report under Section 173 Cr.P.C was presented in the Court.
4. As pleaded for petitioner Himanshu, he is not named in the FIR; that he has been involved on the basis of disclosure statement of co-accused Aman Devi, which is inadmissible in evidence; that said co-accused Aman Devi has already been allowed bail by this Court vide order dated 27.02.2023 in CRM-M-52106 of 2022 (Annexure P6); that case is dependent Page No.2 out of 9 pages 2 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 upon circumstantial evidence; that it is the case of blind murder; that the petitioner is in custody for the last more than three years and that the trial is likely to take long time to conclude and so, considering all these circumstances, he be allowed bail.
5. On behalf of petitioner- Kamaldeep Singh @ Kamal, almost same contentions have been raised by Ld. counsel and that the petitioner has been arrested on the basis of disclosure statement of co-accused Himanshu, which is not admissible in evidence and that the trial may take long time to conclude and so, having regard to the long custody, he be allowed bail.
6. Strongly opposing the bail petitions, learned State Counsel though concedes that case is dependent upon circumstantial evidence but contends that circumstantial evidence as collected during investigation is strong enough to show the direct involvement of the petitioners in the crime. It is contended that it is in conspiracy with co-accused Aman Devi that petitioner - Himanshu along with his friends- petitioner Kamaldeep Singh @ Kamal and Sumit Sharma, committed the murder of Anil; that on examination of the call detail records and the WhatsApp chats, it has been found that co-accused Aman Devi had made 05 calls to deceased on 14.03.2021 i.e. day of murder; that deceased had called her on that day around 20 times; that accused- petitioner Himanshu had made calls to co- accused Aman Devi on that day at least 09 times; that co-accused Aman Devi made call to the petitioner - Himanshu for 24 times. It was further found that after commission of murder of Anil on the night intervening 14/15.03.2021, Himanshu had called the co-accused several times and that all this evidence corroborates the version given in the disclosure statements. Learned State Counsel further submits that the petitioners cannot claim parity with co-accused Aman Devi, who has been allowed bail by this Court, Page No.3 out of 9 pages 3 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 as it was found that co-accused Aman Devi had not actually participated in the murder and was only part of conspiracy. Prayer is made for dismissal of the petitions.
7. I have considered submissions of both the sides and appraised the record.
8. It is not disputed that case is dependent upon circumstantial evidence. It is also undisputed that as per the specific case of the prosecution, on finding that deceased was having constant chats on WhatsApp with Aman Devi, said co-accused Aman Devi was apprehended and the entire conspiracy and the mode of committing murder surfaced in the disclosure statement of said Aman Devi, which also led to the arrest of petitioner - Himanshu and other co-accused i.e. Kamaldeep @ Kamal and Sumit Sharma.
9. In the circumstances, it would be relevant to refer to the disclosure statement dated 18.03.2021 suffered by co-accused Aman Devi, which is also referred in the order dated 27.02.2023 (Annexure P.6) of this Court. Said disclosure statement of Aman Devi is as follows:-
"In the presence of following witnesses arrested accused Aman Devi in police custody without any fear depose that I am resident of above mentioned address and she has studied till 12th Class. We are two sisters and one brother. That in the year 2015 my cousin sister namely Soniya d/o Karamchand use to study in Government School of village Dhanana and in this school Anil Kumar s/o Ashok Kumar caste ramdasiya resident of Dhanan also use to study along with us. That Ashok Kumar became friend of my cousin sister during that time while studying together. We have studied in this school till 10th class. In the year 2016 I and my sister Soniya start studying in MDR School at Dhanana. In MDR School at Dhanana in my class Himanshu s/o Sanjeev Kumar resident caste Brahmin of village Patvi District Ambala also use to study and with who I became friend in the year 2016. Anil Kumar generally use to meet my cousin sister Soniya. That around two years before when Anil Kumar came near the house of Soniya to meet her than her family member gave him beatings and for Page No.4 out of 9 pages 4 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 which a family settlement has also been taken place between two parties. After that on 15 February 2020 Soniya family members married her. After the marriage of Sonia, Anil Kumar became alone and due to some reason I had rift with Hmanshu and after that Anil Kumar took my phone number through Sonia and Anil Kumar stated having talks with me and made me emotional. That in October 2020 Anil Kumar requested me to meet. On his say I went along with him to hostel Welcome Resort, Shehzadpur where he clicked many of my photos and kept in his mobile. And because of these photos Anil Kumar started black mailing me. From this I have become annoyed. And during this we I and Himanshu again started meeting each other. I want to get rid of Anil Kumar and want keep friendship with Himanshu because I use to love Himanshu very much. Now Anil Kumar stated bothering me much by these photos than I told this all to Himanshu. Himanshu tried much to make Anil Kumar understand but Anil Kumar did not come out of his deeds. Than Himanshu told me that you don't worry we both together will make him away in between of our way. I and Himanshu made a plan to call Anil Kumar someday and we eliminate him in between of our way. I have a mobile phone which is having two sims no.9671701366, 9053188917. From these numbers only I use to talk to Anil Kumar Mob. No. 8295496465 and to Himanshu Mob. No. 8199924798, 8708218308 through whatsapp and normal messages and also do whats app calling. On dated 14.3.2021 at around 11.30 A.M I received a text message from Anil Kumar from his mobile number over my mobile phone and he told me that he wanted to meet me. I said yes to Anil Kumar and share this message with Himanshu about coming of Anil Kumar because I became fed off Anil Kumar and I told Himanshu that today Anil Kumar is coming to meet me and we have an opportunity to teach him. I and Himanshu kept on talking whole day with text messages and chatting and kept on acknowledging Himanshu about all developments. I kept on sending screen shots of all message those got received from Anil Kumar to Himanshu. on Anil Kumar on that night at about 12/12:30 A.M came near to my home to meet me. Himanshu was already standing there on his motorcycle as per our plan along with his two unknown friends. Himanshu can tell regarding boys who had accompanied Himanshu. As per the time given by me Anil Kumar came near to my home and Himanshu caught hold Anil Kumar on his motor cycle only and other boy stat ridding that motor cycle and Himanshu sat behind Anil Kumar caught holding him. Another boy ride Himanshu's motor cycle and followed them and I went to my home. After some time I got received Anil Kumar message that they have killed Anil Kumar.................................................................................."
10. After taking into account the afore-said disclosure statement, as Page No.5 out of 9 pages 5 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 it was found that Aman Devi had not physically participated in the murder of deceased nor was alleged to have inflicted any injury, she had been allowed bail. It is in the afore-said disclosure statement of co-accused Aman Devi that name of the petitioner - Himanshu had emerged.
11. The disclosure statement (Annexure R1) suffered by petitioner
- Himanshu is as under:-
"In the presence of the following witnesses arrested accused Himanshu in police custody without any fear depose that I am resident of above mentioned address. I am having one sister who is unmarried. I have studied till 12th. In the year 2015, Aman Devi d/o Pal Singh Caste Gujjar resident of Village Dhanana and her cousin sister namely Soniya d/o Karam Chand used to study in the Government School of Village Dhanana and Anil kumar s/o Ashok Kumar caste Ramadasiya resident of Dhanana also used to study alongwith them in this school and that Anil Kumar became the friend of Aman's cousin sister namely Sonia during that time while studying together. I used to study in MRD School Dhanana. After 10th class, in the year 2016, Aman Devi and her cousin's sister Sonia started studying in MDR School at Dhanana. In MDR School at Dhanana in my class Aman Devi also used to study and with whom I became friend in the year 2016. Anil Kumar generally used to meet Aman cousin sister Sonia and that around two years before when Anil Kumar went near the house of Sonia to meet her than her family member gave him beatings and for which a family settlement has also been taken place between both the parties. After that on 15th February 2020, Sonia family members married her. After the marriage of Sonia, Anil Kumar became alone, and due to some reason Aman Devi had got some rift with me and after that, Anil Kumar took mobile phone number of Aman through Sonia and Anil Kumar started having talks with Aman Devi. In October 2020, Anil Kumar requested Aman Devi to meet him. On his stay, Aman Devi went alongwith him to Hotel Welcome Resort Shahzadpur where Anil Kumar clicked many photos of Aman Devi and kept in his mobile. And because of these photos Anil Kumar started blackmailing Aman Devi. From this Aman Devi had become annoyed. And during this, we (I and Aman Devi) again started meeting to each other. Am Devi wanted to get rid of Anil Kumar because Aman Devi used to love me very much. Anil Kumar time and again threatened Aman Devi that he will share the said photos with her family members through mobile phone and said that whenever I call you to meet so do come. Through these, Anil Kumar started bothering my girlfriend Aman Devi, then Aman Devi told all this to me, Page No.6 out of 9 pages 6 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 I tried much to make Anil Kumar understand on my own level not to blackmail Aman Devi but Anil Kumar did not come out of his deeds and kept on blackmailing Aman Devi. Then I told Aman Devi you don't worry we both together will make him away in between of our way. I and Aman Devi made a plan to call Anil Kumar some day and we eliminate him in between of our way. Aman Devi is having a mobile phone which was having two sims No. 96717-01366, 90531-88917 and Aman Devi uses these sims. From these numbers only Aman Devi use to talk to Anil Kumar Mob No. 82954-96465 and to my Mob No. 81999-24798,87082- 18308 through WhatsApp and normal messages and also do WhatsApp calling. On dated 14.03.2021 at around 11:30 AM Aman Devi got received a text message from Anil Kumar from his mobile number over Aman Devi mobile phone and he told Aman Devi that he wanted to meet Aman Devi. Aman Devi said yes to Anil Kumar and Aman Devi shared this message with me about the coming of Anil Kumar because Aman Devi became fed off Anil Kumar and Aman Devi kept on sending screenshots of all messages those got received that night from Anil Kumar to me. Aman Devi told me that tonight Anil Kumar is coming to meet her and we are having the chance to teach him a lesson. Anil Kumar on that night at about 12-12:30 AM came near Aman Devi home to meet her, where I already came as per our plan on my motorcycle bearing No.HR04-E-3918 mark Splendor of Silver Colour alongwith my two friends namely Kamaldeep Singh s/o Sarwan Singh Caste Jat resident of Village Patvi and Sumit Sharma s/o Bhola Ram resident of Tashdouli, Panjokhra. Anil Kumar there as per the time given by Aman Devi and I caught hold of him over his motorcycle and sat behind him and boy who is my friend namely Kamaldeep started riding that bike and sat behind Anil Kumar holding him. Another Boy namely Sumit Sharma started following us and Aman Devi went to her home. I and my friends Kamaldeep Singh and Sumit Sharma took Anil Kumar to the forest of Shahzadpur. There I asked Anil Kumar to delete of Aman Devi photographs which are there in his mobile but Anil Kumar refused to accept my words and suddenly tried to flee from our clutch and my friends Kamaldeep and Sumit caught hold Anil Kumar and I administered injury to him by weapon (Garari Hathiyar) on his left side over his head on which Anil Kumar got and fell on ground after that I incited many injuries on him till the time he has not died and continuously kept on incited injuries on him. I had broken mobile Phone of Anil Kumar on the spot itself. After that, I send a text to Aman Devi that I have murdered Anil Kumar and also sent a photo of murder of Anil Kumar on her mobile phone through WhatsApp. Motorcycle bearing No.HR-04-E-3918 which was used by me in the commission of a crime has been taken by my friend Kamaldeep. About the same Kamaldeep can only tell. My phone has Page No.7 out of 9 pages 7 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 been taken away by my friend Himanshu Sharma and regarding the same can only tell by him. By which (Garari Hathiyar), I murdered Anil Kumar has been kept hidden at my rented accommodation in Himachal Pradesh. About the same, no one known besides me and I can get the same recovered. I can also get demarcated the place where I have called Anil Kumar in connivance with Aman Devi near her home and can also get demarcated the place where I murdered Anil Kumar with the help of my friends. The disclosure statement of accused got recorded on which the accused and witnesses put their signatures."
12. The afore-said disclosure statement corroborates the version given by Aman Devi. No doubt that a confessional statement made during custody of the Police is inadmissible in evidence as per Section 25 of the Evidence Act, but at the same time, that portion of the disclosure statement is admissible, which leads to the discovery of new facts or recovery of some object connected with the crime.
13. In this case, the disclosure statements of the petitioners and the co-accused led the Police party to check the call detail records of the deceased and that of the accused- petitioners and it was found that there were regular talks between the deceased and the co-accused Aman Devi on 14.03.2021, i.e. the date of murder; that there were regular talks between co- accused Aman Devi and petitioner - Himanshu on the day of murder and even after committing the murder, petitioner - Himanshu had called the co- accused Aman Devi 06 times. So much so, petitioner - Himanshu informed Aman Devi through WhatsApp chat to have killed Anil. Not only above, the disclosure statement of co-accused led to the recovery of weapon of offence used in the crime. Petitioner - Himanshu and the co-accused Kamaldeep @ Kamal and Sumit Sharma also got recovered their respective mobiles.
14. It is, thus, found that there is strong circumstantial evidence showing the complicity of accused- petitioner - Himanshu in the murder of Anil, who on the asking of co-accused Aman Devi actually committed the Page No.8 out of 9 pages 8 of 9 ::: Downloaded on - 04-04-2024 03:07:28 ::: Neutral Citation No:=2024:PHHC:044194 CRM-M-15613-2023 2024:PHHC:044194 CRM-M-51723-2023 2024:PHHC:044197 murder of Anil and then informed Aman Devi in this regard. At that time, said Himanshu was accompanied by petitioner Kamaldeep @ Kamal and Sumit Sharma, who had caught hold of the deceased and then Himanshu assaulted him.
15. Looking into all the afore-said facts & circumstances and the nature of evidence collected against the petitioners, the role played by them in the commission of the crime and the gravity of the offence but without commenting anything on the merits of the cases, this Court does not find the present cases to be fit for grant of regular bail to any of the petitioners.
16. Both petitions are accordingly dismissed.
A photocopy of this order be placed on the file of connected case.
April 02, 2024 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes
Whether Reportable Yes
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