Punjab-Haryana High Court
Rajesh Kumar vs Central Bureau Of Investigation on 3 August, 2017
Author: Surinder Gupta
Bench: Surinder Gupta
CRM-M-22901-2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
(1)
Crl. Misc. No.M-22901 of 2017 (O&M)
Date of Decision: August 03, 2017.
Rajesh Kumar
..........PETITIONER(s).
VERSUS
Central Bureau of Investigation
........RESPONDENT(s).
(2)
Crl. Misc. No.M-19878 of 2017 (O&M)
Yoganand
..........PETITIONER(s).
VERSUS
Central Bureau of Investigation
........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. S.K. Garg Narwana, Senior Advocate with
Mr. Teevar Sharma Dumerkha, Advocate
for the petitioner in CRM-M-22901-2017.
Mr. Sajjan Singh, Advocate
for the petitioner in CRM-M-19878-2017.
Mr. Sumeet Goel, Advocate
Retainer counsel for respondent-CBI.
*******
SURINDER GUPTA, J.(Oral)
Petitioners in both the above captioned petitions seek regular bail in CBI case No.RCCHG512016S0014 dated 06.10.2016 registered for the offences punishable under Sections 120-B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452 of Indian Penal Code, 25 of Arms Act and 3 and 4 of 1 of 7 ::: Downloaded on - 07-08-2017 08:31:50 ::: CRM-M-22901-2017 -2- Prevention of Damage to Public Property Act, 1984 at Police Station CBI SCB, Chandigarh, earlier registered as FIR No. 118 dated 27.02.2016 at Police Station Urban Estate, Rohtak.
Heard.
FIR No.118 was registered at Police Station Urban Estate, Rohtak on 27.02.2016 on complaint of Rohit Sindhu pertaining to the incident, wherein a mob attacked and put on fire the house of Captain Abhimanyu, Minister in Haryana Government, situated in Sector-14, Rohtak. On 19.02.2016, a crowd of agitators started gathering at Sector-14, Rohtak and attained aggressive look. The District Administration clamped curfew. The leaders of agitators through their speeches were inciting the gathering to chase, drive away and attack the police. The complainant accompanied by some other persons was listening and seeing the entire happening while standing outside the house of Captain Abhimanyu. Due to speeches of leaders, a clash ensued between the gathering and the police standing near Delhi By-pass Chowk. At about 2.30 p.m., noise of fire-shots was heard from Delhi By-pass Chowk side and it was rumored that many persons had suffered fire-shot injuries. Somebody proclaimed that many agitators have died on suffering fire-shot injuries and at about 3.00 p.m., it was declared from public address system that shots were fired on the order of the Government and house of Captain Abhimanyu be set on fire, robbed and whosoever is found in the house, be killed. Leaders of agitators namely Rajesh Rukhi, Joginder Joga Banlad, Master Mahender Singh Hooda Kiloi, Gaurav Budhwar, Sumit Kharawar, Sombir Jasia, Manoj Duhan, Yogesh Rathi Law Department MDU, Jitender Rathi, Jagpal MDU, 2 of 7 ::: Downloaded on - 07-08-2017 08:31:51 ::: CRM-M-22901-2017 -3- Pawan Jasia, Yoganand Ex-Sarpanch, Baljeet Baliyana, Surinder Advocate, Umed Polangi, Aazad Polangi, Aashish Rurki, Rahul Hooda Basantpur, Satyawan Kadyan Dev Colony, Monu Kheri Sadh, Dadu Deeghal, Deepak Dalal @ Sanju, Vikas Rathi Gaddi Kheri, Sandy Deshwal Ghilor, Sandeep Kalkal Advocate, Beeja Chamarian, Amrender Sindhu, Narender Balhara MDU and Deva Prem Nagar, led the crowd to the kothi (house) of Captain Abhimanyu. Complainant and 25 persons, who were present there, closed the door of the house as there were only four police man deployed on guard duty at that time. The leaders named above by setting on fire house of Captain Abhimanyu tried to burn all his family members living there. The rowdy crowd of agitators smashed, destructed and looted the entire kothi (house) and the articles worth crores of rupees lying there including cash, jewellery etc. They also put on fire the vehicles i.e. HR-26CR-5555 (AUDI A6 3.5 TDI), DL1CT-5996 (COROLLA ALTIS), HR26CP-7200 (TOYOTA FORTUNER). HR26CR-0369 (AUDI), DL4C-0001 (TOYOTA CAMRY), HR26BX-6006 (PORSCHE), DL3SZ-0001 (LAND CRUISER), lying parked there. Petrol bombs were also used. The assailants were proclaiming that the family of Captain Abhimanyu was inside the house and all of them be burnt to death and should not be allowed to go out. However, they were saved by the complainant and elder brother of Captain Abhimanyu with the assistance of some persons.
At about 5.30 p.m., about 150 rowdy persons again came to the kothi (house) of Captain Abhimanyu and caused destruction in the Yagshala constructed in the back-yard. One of the rowdy was nabbed by Rohit Malik, whose Nokia mobile fell on the ground but he succeeded in 3 of 7 ::: Downloaded on - 07-08-2017 08:31:51 ::: CRM-M-22901-2017 -4- running away from the spot. The identity of that person was ascertained on the basis of his mobile as Ravikant son of Dharampal Malik. The camp office of Captain Abhimanyu was in front of Kothi no.12 and 13. At that time, complainant along with Lakhan Mishra, Praveen Sandhu, Suresh Sandhu, Dinesh Goyal, Bhupender driver were at the gate of the Camp Office. The mob after coming out of the main resident entered kothi No.12 and 13 owned by Captain Abhimanyu and ransacked the same. They sprinkled petrol/oil on those kothies and put them on fire. The vehicles parked in kothi No.12 i.e. HR21G-6496 (BOLERO), HR-56-7684 (BOLERO), HR-12L-2623 (SUPER SPLENDER A1), HR-12F-1816 (SPLENDER), HR12C-3650 MARUTI ZEN CAR, HR12C-5929 (BIKE), HR12J-4630 and in Kothi No.13 vehicles i.e. HR-10-5304(BIKE), HR12- 9598 (ACTIVA), HR12T-1886, HR12F-4056, were also burnt. On the first floor of house No.13, there was a tenant Satbir Dahiya and his household articles also got looted/burnt. The complainant and other persons, who were present at the spot with him have identified some of the rowdy elements. On 20.02.2016 at about 11.40 p.m., a mob under the leadership of Abhishek Hooda @ Binny, Dharmender Khidwali, Monu Kundu Titoli, Sandeep Rathi Advocate, Arvind Gill, Anoop @ Nupala, Prince Kadiyan, Ravinder, Akash Bharat Colony, Praveen Hooda Bharat Colony, Satyawan Kadyan Dev Colony, came at the residence of Captain Abhimanyu. At that time, in the main residence of Captain Abhimanyu, Shishpal, Rohit Malik, Suresh Sindhu, Kuldeep, Dilbag Sindhu, Ashwani Sharma, Sanjay Sindhu, Rajesh Sindhu, Sandeep Kumar, Sukhbir Dahiya, Naresh Pehalwan, Ram Niwas Hooda, Satish Hooda and Vikas Panghal were present for estimating the 4 of 7 ::: Downloaded on - 07-08-2017 08:31:51 ::: CRM-M-22901-2017 -5- loss and to take care of the articles lying scattered. The assailants, who were armed with lathi, danda, iron rods, petrol bottles and cans having oil in it, again entered the residence of Captain Abhimanyu and indulged in looting of articles lying on the upper floors. They sprinkled oil on the remaining articles and put those on fire along with a car which had got saved from burning the previous day. When the complainant and other persons present at the spot tried to intervene, the mob also tried to put them on fire but they saved themselves by running out of the house of Captain Abhimanyu. The mob then followed them and entered in house No.12 and 13 and put the first floor of house No.13 on fire by sprinkling oil. The complainant alleged that earlier FIR No.65 was got registered at Police Station Urban Estate, Rohtak on 20.02.2016 by EASI Surinder Kumar, who was posted on guard duty, but he was not aware of all the facts and names of the persons leading the mob, as such, could not give a detailed description of all the incidents.
Petitioner Rajesh was arrested in this case on 24.05.2016 while petitioner Yoganand was arrested on 16.05.2016.
Learned counsel for the petitioners have argued that initially FIR No.65 datedc 20.02.2016 was registered regarding same incident, where the petitioners were not named. The instant FIR was registered after a week of the incident. Petitioner Rajesh Kumar is posted as Assistant Professor in Govt. College Mokhra, Rohtak. Even after the incident, he was regularly attending his duties. He was called by the police and was arrested when he joined the invesitgation. The police and CBI are now relying on the CCTV footage of assailants, who attacked residence of Captain 5 of 7 ::: Downloaded on - 07-08-2017 08:31:51 ::: CRM-M-22901-2017 -6- Abhimanyu and admittedly, neither petitioner Rajesh nor Yoganand are anywhere visible in the CCTV footage. They have been falsely implicated in this case. Even after more than a year of their arrest, investigation has not been completed so far.
Learned Retainer counsel for CBI has argued that petitioners Rajesh and Yoganand both have been named in the FIR. Even co-accused Sanjay Singh, Jagpal, Joginder @ Joga, Dharmender have also named petitioner Rajesh Rukhi. The investigation could not be completed by the CBI as the Jat Agitation again started in the State of Haryana in January, 2017. It was only after March, 2017 that investigation could start and witnesses started coming forward. He submits that though the petitioners Rajesh and Yoganand were not visible in CCTV footage but their mobile location on 19.02.2016 was near the place of incident. Keeping in view the gravity of the offence, learned Retainer counsel for CBI opposed grant of regular bail to the petitioners.
On giving a careful thought to the submissions of learned counsel for the petitioners and learned Retainer counsel for CBI, I am of the opinion that CBI even after more than one year of the arrest of the petitioners and registration of case by 18.10.2016 is still on investigation track. It is mainly relying on the oral testimony of the witnesses about involvement of the petitioners in the incident, whereby the house and property of Captain Abhimanyu was put on fire and damaged. The allegation against the petitioner are based on oral testimony of the witnesses. Petitioners are not visible in the CCTV footage of the incident. On query, learned Retainer counsel submits that the completion of 6 of 7 ::: Downloaded on - 07-08-2017 08:31:51 ::: CRM-M-22901-2017 -7- investigation will take some more time. There appears to be little chances that petitioner Rajesh, who is a medical officer and Yoganand Ex-Sarpanch will flee or avoid their prosecution.
Keeping in view all these facts but without expressing any opinion on merits of the case and the fact that completion of investigation and then conclusion of trial will take considerable long time, both the aforementioned petitions are allowed. Petitioners Rajesh Kumar and Yoganand are ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Special Judge(CBI)/Duty Magistrate, Panchkula subject to following terms:-
a. The petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
b. In the event of their absence on any date of hearing, the benefit of bail allowed to the petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bond and surety bond and proceed to procure their presence in accordance with law. In that eventuality the petitioners shall have to apply for bail afresh.
c. They shall not leave the country without the prior permission of the Court.
( SURINDER GUPTA )
August 03, 2017 JUDGE
Sachin M.
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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