Himachal Pradesh High Court
Gurmukh Singh @ Golu vs State Of Himachal Pradesh on 4 October, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA .
ON THE 04th DAY OF OCTOBER, 2021 BEFORE HON'BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) NO.1874 OF 2021 Between:-
GURMUKH SINGH @ GOLU, S/O SHRI KEHAR SINGH, R/O VILLAGE AND P.O. KHILLIYAA, TEHSIL NALAGARH, DISTT.SOLAN H.P. AGED 24 YEARS .....PETITIONER (BY SH.N.S. CHANDEL, SENIOR ADVOCATE, ALONGWITH SH.VINOD GUPTA, ADVOCATE) AND STATE OF HIMACHAL PRADESH ...RESPONDENT (BY SH.ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL) CRIMINAL MISC. PETITION (MAIN) NO.1875 OF 2021 Between:-
RAJAN THAKUR, S/O SHRI BASANT RAM, R/O VILL. MEHRIWALA, P.O. LODI MAJRA, TEH. BADDI, DISTRICT SOLAN H.P. AGED 21 YEARS.
(BY SH.N.S. CHANDEL, SENIOR .....PETITIONER
ADVOCATE, ALONGWITH
SH.VINOD GUPTA, ADVOCATE)
AND
::: Downloaded on - 31/01/2022 23:09:53 :::CIS
2
STATE OF HIMACHAL PRADESH
...RESPONDENT
(BY SH.ANIL JASWAL,
ADDITIONAL ADVOCATE GENERAL
.
CRIMINAL MISC. PETITION (MAIN) NO.1901 OF 2021 Between:-
SANTOSH KUMAR @ SONU,
S/O SHRI HARI SINGH, RESIDENT
OF VILLAGE MHAISI PLASI, P.O. &
TEHSIL NALAGARH, DISTRICT
SOLAN HP AGED 26YEARS
(BY SH.AMRINDER SINGH RANA, .....PETITIONER
ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
...RESPONDENT
(BY SH.ANIL JASWAL,
ADDITIONAL ADVOCATE GENERAL
GENERAL)
CRIMINAL MISC. PETITION (MAIN) NO.1902 OF 2021 Between:-
RAKESH KUMAR @ KAICHI,
SON OF SH. BHAG RESIDENT OF
VILLAGE DODUWAL, P.O. LODI
MAJRA AND TEH. BADDI,
DISTRICT SOLAN H.P. AGED 22
YEARS
.....PETITIONER
(BY SH.AMRINDER SINGH RANA,
ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
...RESPONDENT
(BY SH.ANIL JASWAL,
ADDITIONAL ADVOCATE GENERAL
::: Downloaded on - 31/01/2022 23:09:53 :::CIS
3
GENERAL)
CRIMINAL MISC. PETITION (MAIN) NO.1907 OF 2021 Between:-
BALJEET SINGH @ BABLOO, SON .
OF SH. RAM LOK RESIDENT OF VILLAGE DHELA, P.O. AND TEHSIL BADDI, DISTRICT SOLAN HP AGED 24 YEARS.
(BY SH. AMRINDER SINGH RANA, .....PETITIONER ADVOCATE) AND STATE OF HIMACHAL PRADESH ...RESPONDENT (BY SH.ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL GENERAL) (SI BBU RAM P.S. NALAGARH IS PRESENT IN PERSON) Whether approved for reporting?
These petitions coming on for orders this day, the Court passed the following:
JUDGMEMT In these petitions, Petitioners have approached this Court seeking bail under Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in case FIR No.161 of 2021, dated 15.06.2021, registered in Police Station Nalagarh, Police District Baddi, H.P., under Sections 336, 307, 147, 148 and 149 of the Indian Penal Code (in short 'IPC') and Section 25 of the Arms Act, 1959.::: Downloaded on - 31/01/2022 23:09:53 :::CIS 4
2. Status report stands filed and records also made available.
3. Records of cross FIR No.147 of 2021 dated .
24.05.2021 registered in Police Station Nalagarh, Police District Baddi, H.P., was also made available.
4. It transpired from the record that on 24.05.2021, FIR NO.147 of 2021 was registered on the basis of statement made by one Rajinder Singh, recorded under Section 154 Cr.P.C., wherein it was stated that on 24.05.2021 complainant alongwith his companions namely Simran alias Simmu, Akbar alias Akku, Nazim alias Raja, Iqbal Mohammad alias Pala, Rammi, Rajan and others was going in two vehicles bearing registration Nos.HP-12M-7845 and HP12N-7845 from Bhud to Falahi Kotla and when they reached near Petrol Pump Khera, at about 3.00 p.m., some vehicles came from Nalagarh side and out of those vehicles, one black coloured Scorpio hit the car bearing registration No.HP-12M-7845, and 10-15 persons came out of other vehicles including Balbir alias Ballu, Rakesh, Avtar, Jagpal alias Kakku, Vijay Kumar alias Vishu and Bindu and they fired on the car and some of them and others were carrying swords (Kirpan and Darat etc.) and in this incident Simran alias Simmu received bullet shot in his chest whereas Avtar and Nazim received bullet injuries and complainant and ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 5 Iqbal Mohammad alias Pala were also injured, however, Rammi and Rajan did not receive any injury. Thereafter, the assailants had run away from the spot in their vehicles and .
injured were taken to hospital, where Simran alias Simmu was declared dead. Two gunshot grievous injuries were found on the body of Akbar. Similarly two grievous bullet injuries were also found on the person of Nazim alias Raja. Whereas, Iqbal alias Pala and complainant had received blunt injuries.
5. It was also stated in the aforesaid statement by the complainant that earlier also, on 22.05.2021 at about 9.00 p.m. petitioner Iqbal Mohammad alias Pala was restrained by Jagpal and 7-8 other boys near Harison Hotel at Nalagarh and they tried to hit him with sword, but he had run away from the spot swiftly, but Jagpal and his companions had again intercepted his vehicle and had shown pistol and sword to the petitioner with threat that they would kill him and on the basis of complaint of the petitioner in this regard, a Rapat No.36 dated 22.05.2021 was entered in the Daily Diary of Police Station Nalagarh at 11.15 p.m. According to petitioners, accused party as detailed in FIR No.147 of 2021 was searching Simran alias Simmu and others to kill them and one day before the incident all of them had also visited the native village of Simran alias Simmu in his search.
::: Downloaded on - 31/01/2022 23:09:53 :::CIS 66. On the basis of aforesaid complaint of Rajinder Singh, after registration of FIR, accused persons in that FIR were arrested and weapons of offences were also recovered .
from them. Vehicles used by them as well as Car No.HP-12M-
7845 were searched and inspected. As per prosecution case in FIR No.147 of 2021 during inspection of vehicles, one bullet of 8MM was recovered from Scorpio bearing registration No. HP-15E-1717 which was used by accused persons in the said FIR (FIR No. 147/2021). The accused persons in FIR No.147 of 2021 are in judicial custody.
7. With respect to the same incident FIR No.161 of 2021 has been registered on 15.6.2021, on the basis of joint complaint submitted by some villagers of accused in FIR No. 147/2021 Balwant Singh and others to Sub Divisional Police Officer Nalagarh, which was sent to Police Station for further action and was received in the Police Station on 15.06.2021.
It was stated in the said complaint that death of Simran alias Simmu in the incident of 24.05.2021 was unfortunate accident however it had been heard that deceased was involved in the business of Chitta, drugs etc. and children of complainant in FIR No. 161/2021 were opposing his activities by saying that deceased was spoiling lives of children and their children had made a complaint against deceased on No.1100 and they had ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 7 been also uploading posts on social media in this regard and, therefore, deceased was having enmity with them and used to threat to kill them and deceased had been following and .
chasing their children and had made their life hell and all these information were being given by the local boys namely Pradeep, Gurpal, Rakesh, Jolly, Bablu, Rajan etc. It was further stated that on 23/24.05.2021 there was a marriage in the village and the accused persons (in FIR No. 161/2021) were having knowledge that children of complainant side had been attending the marriage and on 23rd and 24th May large number of vehicles had come to their village. It is further stated that it is heard that on the day of incident, half an hour prior to the incident, some vehicles had come to their village. It was further stated that on 24.5.2021 boys of complainant side were coming from Nalagarh to their home and deceased Simran alias Simmu alongwith others was going towards Nalagarh in search of boys of complainant side and they met them at Khera. As per complaint, deceased Simran alias Simmu was going alongwith his companions in five vehicles bearing registration Nos.HP-12N-7845, HP-12M-7845, HP-12L-
1019, HP-93-4095 and HP-12K2462 and it was deceased who had hit the car of the boys of complainant side by going wrong side and had opened indiscriminate firing upon the boys of ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 8 complainant side after hitting their vehicle. It was further stated that assailants were 25-30 boys in number having pistol and sharp weapons in their hands, and Simran alias .
Simmu, Rajan and Jindu were having pistol in their hands and other boys Shammi, Mandeep, Jhakhiyan, Nupi Fauji, Krishan, Makha, Raja Pahalwan, Pala, Santosh alias Sonu Massih Plassi, Rammi, Harsh Bagwaniyan (Kasambowal), Pradeep alias Pappu, Johny, Iqbal, Akbar alias Akku, Jolly, Gurpal, Rakesh, Bablu, Vicky, Iqbal were having sharp weapon in their hands.
Lastly, it was stated that FIR be lodged from the side of the boys of the complainant (accused in FIR No. 142/2021)
8. On the basis of aforesaid complaint, FIR in present case, has been registered and police has arrested ten accused persons, who are in judicial custody in Kanda Jail, Sub-Jail Kaithu and Sub-Jail Solan. Balbir Singh alias Ballu, accused in FIR No.147 of 2021, has been cited as a spot witness and as per prosecution story in present case, on 24.05.2021 deceased Sirmanjeet Singh alias Simmu, Akbar alias Akku, Rajan, Nazim Raja, Rajinder alias Jindu, Iqbal alias Pala, Rammi, Iqbal petitioner and Baljeet and Bablu were coming towards Nalagarh in vehicles bearing registration Nos. HP-
12M-7845, HP12N-7845 and HP12L-1019. It was further claimed that from vehicle No.HP-12M-7845 two live cartridges ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 9 of 8MM were recovered from the spot and Simran alias Simmu as per CCTV footage had been seen firing from his pistol which is yet to be recovered. Whereas, Simranjeet alias Simmu has .
expired. It has also been stated in the status report that though petitioners have joined investigation, but they are not disclosing anything about pistol of deceased Simran alias Simmu and either accused Iqbal alias Pala, Rammi and Nazim alias Raja are yet to be arrested, who have gone underground.
9. Learned counsel for the petitioner has submitted that FIR No.161 of 2021 has been registered about 20 days after the incident that too on a complaint which is based upon hearsay information. Whereas, accused in FIR NO.147 of 2021 were arrested on 24.05.2021 and the facts mentioned in the complaint dated 15.06.2021, if really true, were very much in the knowledge of the accused persons and their family members, but for 20 days they remained silent which reflects that it is an afterthought on the part of the accused in FIR NO.147 of 2021, concocted to save those accused by implicating the petitioners and others in a false case who in fact are victims. It has further been stated that FIR in present case was not lodged by the spot witnesses, but by the strangers who were not at all present on the spot. It has further been stated that in the status report filed in present ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 10 case, it has been alleged that two empty cartridges were recovered from the vehicle of deceased Simran alias Simmu, whereas, no such recovery was shown or recorded during the .
investigation of FIR No.147 of 2021, despite the fact that at that time, all the vehicles were inspected and searched by the Investigating Officer as well as team of RFSL and during that, no such recovery of cartridges from the vehicle of Simran alias Simmu was ever claimed or brought on record.
10. Referred call details of Iqbal, it has been further stated that he being complainant in Rapat No.36 dated 22.05.2021, was in contact with ASI Harjeet Singh through his Mobile No.9418463221 and the said ASI was calling him (Iqbal) and others to the Police Station with reference to Rapat No.36 and for that purpose, on 24.05.2021, Iqbal had talks with the said ASI at 12:40, 12:58, 13:20 and 13:05 and in pursuant to these calls Iqbal and others were coming to Police Station Nalagarh, but on the way vehicle of deceased Simran alias Simmu was hit by the accused in FIR No.147 of 2021 and indiscriminate firing and blow of sharp and blunt weapons were made by them upon Simran and his companions leading to death of Simran alias Simmu, causing gunshot injuries to Avtar @ Akku and Nazim and blunt injuries to Iqbal alias Pala and Rajinder Singh. Whereas, none of the assailants were ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 11 accused in FIR No.147 of 2021 had received any injury. It has been submitted that had there been attack and assault from the side of deceased Simran alias Simmu and his companions .
as claimed in present FIR, then, boys of complainant side in present case, would have or anyone of them would also have received injuries, but absence of injury clearly indicates that a false story was concocted to save the assailants, who had killed Simran alias Simmu and injured his companions. It has been further stated that it being a cross FIR in present case, investigation rshould have been done by the same Investigating Officer, but this principle has not been followed by the prosecution as the prosecution was knowing that in such eventuality investigation in present case would lead to cancellation of FIR lodged against the petitioners and others.
11. It has been further submitted that prosecution case in FIR No.147 of 2021 runs counter to the case in present FIR No.161 of 2021 and stance of the prosecution in both cases is irreconcilable and, therefore, it has been claimed that on the basis of unbelievable and improbable hearsay story, concocted by the accused in FIR No.147 of 2021, personal liberty of the petitioners should not be curtailed.
12. It has been submitted that petitioners, in case they are enlarged on bail, are ready and willing to abide by ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 12 any condition imposed upon them and also ready to furnish surety(ies) to the satisfaction of the Court. Further that now challan has also been presented in the Court of learned .
Additional Chief Judicial Magistrate, Nalagarh on 29.09.2021.It is also contended that presence of petitioners is also negated by fact that none of them has received any injury because they were not present at the spot at all.
13 Lastly, it has been submitted that co-accused Iqbal Mohd. and Akbar Hussain have also been enlarged on bail vide order dated 14th September, 2021 passed in Cr.MP(M) Nos. 1553 and 1566 of 2021.
14. Learned Additional Advocate General referring contents of the status report including the complaint dated 15.06.2021 has submitted that it is evident from the status report as well as record that petitioners have been found involved in commission of a serious offence under Section 307 of IPC in the broad daylight on a public highway and, therefore, they are not entitled for bail and, therefore, prayer for rejection of these petitions has been made.
15. Considering entire material on record but without assessing it on merit and also considering principles and factors relevant to be considered at the time of deciding bail applications with reference to aforesaid facts and ::: Downloaded on - 31/01/2022 23:09:53 :::CIS 13 circumstances placed before me, and submissions made by learned counsel for the petitioners as well as learned Additional Advocate General, I find that at this stage, .
petitioners are entitled for bail.
16. Accordingly, present petitions are allowed and petitioners are directed to be enlarged on bail and interim bail granted on 09.08.2021 is confirmed, subject to furnishing personal bonds in the sum of Rs. 30,000/- each with one surety each in the like amount, to the satisfaction of the trial Court, within three weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioners/accused at the time of trial and also subject to following conditions:-
(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required;
(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;::: Downloaded on - 31/01/2022 23:09:53 :::CIS 14
(iii) that the petitioners shall not obstruct the smooth progress of the investigation/trial;
(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or .
suspected;
(v) that the petitioners shall not misuse their liberty in any manner;
(vi) that the petitioners shall not jump over the bail;
(vii) that in case petitioners indulge in repetition of similar offence(s) then, their bail shall be liable to be cancelled on taking appropriate steps by prosecution;
(viii) that the petitioners shall not leave the territory of India without prior permission; and
(ix) that the petitioners shall inform the Police/Court their contact numbers and shall keep on informing about change in addresses and contact numbers, if any, in future.
17. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.
18 In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled.
::: Downloaded on - 31/01/2022 23:09:53 :::CIS 15In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
19 Trial Court is directed to comply with the directions .
issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
20 Observations made in these petitions hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail applications.
21 Petitions are disposed of in aforesaid terms.
22. Petitioners are permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.
(Vivek Singh Thakur), Judge.
October 04, 2021 (ms) ::: Downloaded on - 31/01/2022 23:09:53 :::CIS