Punjab-Haryana High Court
Suresh Kumar Alias Angrej vs State Of Haryana on 21 February, 2022
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-21717-2021 (O&M)
(1) Suresh Kumar alias Angrej ...Petitioner
Versus
State of Haryana ...Respondent
(2) CRM-M-21869-2021 (O&M)
Rampal alias Baba ...Petitioner
Versus
State of Haryana ...Respondent
(3) CRM-M-32349-2021 (O&M)
Ankit Kumar alias Bhanu ...Petitioner
Versus
State of Haryana ...Respondent
(4) CRM-M-33828-2021 (O&M)
Rahul @ Mini Petrol ...Petitioner
Versus
State of Haryana ...Respondent
Date of Decision:- 21.2.2022
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Dr. Anand Kumar Bishnoi, Advocate for the petitioner
in CRM-M-21717-2021. .
Mr. J.S.Thind, Advocate for the petitioner
in CRM-M-21869-2021.
Mr.Vikas Bishnoi Godara, Advocate for the petitioner
in CRM-M-32349-2021.
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Mr. P.K.S. Phoolka, Advocate for the petitioner
in CRM-M-33828-2021.
Mr. Rajiv Sidhu, DAG, Haryana,
assisted by SI Devi Lal.
(proceedings conducted through video conferencing)
*****
GURVINDER SINGH GILL, J.
1. This order shall dispose off the above mentioned four petitions filed on behalf of Suresh Kumar alias Angrej, Rampal alias Baba, Ankit Kumar alias Bhanu and Rahul @ Mini Petrol seeking grant of regular bail in a case registered against them vide FIR No. 252 dated 21.7.2020 under Sections 302, 216/120-B/34 IPC and under Section 25 of the Arms Act, 1959 at Police Station Dabwali Sadar, District Sirsa.
2. The FIR was lodged at the instance of Vijay Kumar wherein it is stated that he is into agriculture and that his uncle's son Mukesh Kumar alongwith Param, in partnership with Satish Kumar and company had been allotted a licence for selling liquor in Chautala circle for the year 2020-21. Previously, i.e. for the year 2019-20, the licence for the said area had been issued in favour of Dinesh Kumar. Ved Parkash @ RDX and Sunny, however, used to sell liquor without permission in an illegal manner. Since in the year 2020- 21, the licence had been issued in favour of Satish and company, Mukesh, Jai Parkash and Param, therefore, Dinesh Kumar, Ved Parkash @ RDX and Sunny held some kind of enmity against them. They created several obstacles when Mukesh Kumar and others were trying to take some shop on rent. It is alleged that on 20.7.2020 when the complainant, Param, Jai Parkash, Mukesh Kumar and Pawan Kumar son of Rajender Kumar were 2 of 9 ::: Downloaded on - 22-02-2022 21:07:25 ::: 3 CRM-M-21717-2021 (O&M) & three connected cases sitting at the liquor shop then Jai Parkash told them that Ved Parkash @ RDX and Sunny had threatened him that they would not let Jai Parkash and others carry on liquor business and will be taught a lesson. It is alleged that on 20.7.2020, at about 8-8:30 p.m. when he, Pawan Kumar and his companions came to their office in their vehicles near their liquor vend, three young men were having beer in the park in front of the hotel adjacent to their liquor vend. It was found they had been sitting there since 5-6 p.m. and were having beer. Shortly thereafter, Mukesh Kumar, Jai Parkash and Param also came in their vehicle. In the meantime, a young boy who was carrying a bag sat with the three boys who were having beer. At about 10:15 p.m. when Mukesh Kumar, Jai Parkash and Param started walking towards their vehicle, the four young boys who had been sitting and had been having beer started firing at Mukesh Kumar and Jai Parkash with pistols. The complainant and others saved themselves by hiding behind a wall. The assailants, after firing, fled away from the spot on their motorcycles. Mukesh Kumar and Jai Parkash who were injured were taken to hospital where they were declared dead. The complainant's suspected that it was due to enmity on account of liquor vends that Dinesh Kumar, Ved Parkash @ RDX and Sunny had got Jai Parkash and Mukesh Kumar murdered through professional killers.
3. The learned counsel for the petitioners have submitted that none of them is named in the FIR and there is no motive whatsoever against the petitioners for having murdered Jai Parkash and Mukesh Kumar and that they have been falsely nominated as accused while the persons named in the FIR namely Dinesh Kumar, Ved Parkash @ RDX and Sunny had been found to be 3 of 9 ::: Downloaded on - 22-02-2022 21:07:25 ::: 4 CRM-M-21717-2021 (O&M) & three connected cases innocent. It has further been submitted that since the petitioners have been behind bars since the last more than one and a half years whereas the trial has not even commenced, the petitioners deserve the concession of bail. The learned counsel representing petitioner - Suresh Kumar has additionally submitted that even as per the case of the prosecution, based on disclosure statement, the petitioner had not participated in the occurrence of firing and that the only role attributed to him is that he had harboured the co-accused and had also provided car to them so as to drop them at Jind after the commission of crime.
4. On the other hand, the learned State counsel has opposed the petitions and has submitted that although the complainant initally suspected that Dinesh, Ved Parkash @ RDX and Sunny were behind the murder of Jai Parkash and Mukesh Kumar on account of business rivalry pertaining to liquor vends but during the course of investigation, it had surfaced that the aforesaid three persons had no role to play in the murder of Jai Parkash and Mukesh Kumar and that the said murders were committed at behest of Lawrence Bishnoi, reknowned criminal to avenge the murder of his brother, who had been murdered by deceased Jai Parkash. The learned State counsel has submitted that for the said purpose, four shooters namely Ankit @ Haryanvi, Yogesh @ Master, Rohit Gonder and Vikas @ Dabba had been hired. The learned State counsel has, however, informed that although 52 witnesses has been cited but none has been examined till date. The learned State counsel has described the role of the petitioners as such :-
Ankit @ The petitioner Ankit while in custody in FIR No. 220 dated Bhanu 21.7.2020 under Sections 25/54/59 of the Arms Act 4 of 9 ::: Downloaded on - 22-02-2022 21:07:25 ::: 5 CRM-M-21717-2021 (O&M) & three connected cases registered at Police Station Pili Banga, District Hanumangarh, Rajasthan is stated to have disclosed that he is a member of the gang headed by Lawrence Bishnoi and that Lawrence Bishnoi had contacted him telephonically and asked him to deliver ` 2 lacs to professional shooters to be arranged. He further disclosed that the said money was given to the shooters and they were also provided rooms in District Sangria. He is further alleged to have disclosed that he has done recce of the area with co-accused Rahul @ Mini Petrol and had informed about the location of the deceased to the shooters on the date of occurrence.
The State counsel has informed that his name and role has also been disclosed by other co-accused who have also stated to an identical effect as regards the occurrence. Rahul @ The petitioner Rahul @ Mini Petrol, who was also arrested in Mini Petrol connection with FIR No. 220 dated 21.7.2020 under Sections 25/54/59 of the Arms Act registered at Police Station Pili Banga, District Hanumangarh, Rajasthan disclosed that he is nephew of co-accused Ankit @ Bhanu who is a member of a gang headed by Lawrence Bishnoi and that Lawrence Bishnoi had contacted him telephonically. He disclosed that his uncle Ankit @ Bhanu informed him that Lawrence Bishnoi had sent `2 lacs to be given to shooters which was accordingly passed on and that Ankit @ Bhanu also provided rooms to the shooters in District Sangria. He stated that he alongwith his uncle Ankit had done recce of the area and had informed the shooters about the location of the deceased on the day of occurrence. The name of the petitioner - Rahul also figures in the disclosure statement made by Ankit @ Bhanu.
Rampal @ The petitioner Rampal @ Baba was arrested in connection Baba with FIR No. 262/2020 under Sections 25/54/59 of the Arms 5 of 9 ::: Downloaded on - 22-02-2022 21:07:25 ::: 6 CRM-M-21717-2021 (O&M) & three connected cases Act registered at Police Station Dabwali, District Sirsa and during interrogation he disclosed that he is a member of a gang headed by Lawrence Bishnoi and that Lawrence Bishnoi had contacted him telephonically asking him to arrange for two shooters to commit murder of Jai Parkash and that accordingly he arranged for two shooters namely Vikas @ Dabba and Rohit Gonder.
The learned State counsel has informed that the name of the petitioner also figures in the disclosure statement of co-accused Vikas @ Dabba and Rohit Gonder.
Suresh The petitioner Suresh Kumar @ Angrej was arrested in Kumar @ connection with FIR No. 283 dated 26.7.2021 under Sections Angrej 25/54/59 of the Arms Act registered at Police Station Adampur, District Hisar and during the course of interrogation, he disclosed that he had harboured co-accused/ shooter namely Vikas @ Dabba and Rohit Gonder and had provided a room and meals to them and had also provided a Swift car so as to drop them at Jind after commission of murder of deceased. The learned State counsel has informed that his name figures in the disclosure statement made by Vikas @ Dabba, Rohit Gonder and Vinod.
5. The learned State counsel has submitted that even though the aforesaid four petitioners may not have actually fired at the deceased but they were all in conspiracy with each other and had played an active role so as to facilitate the commission of double murder and as such do not deserve the concession of bail. The learned State counsel has further informed about the previous involvement of the petitioners, as follows :-
Ankit @ 1. FIR No. 220 dated 21.7.2020 under Sections 25/54/59 of Bhanu the Arms Act registered at Police Station Pili Banga,
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2. FIR No. 292 dated 14.10.2018 under Sections 25/54/59 of the Arms Act registered at Police Station Adampur, Hisar.
3. FIR No. 64 dated 17.3.2017 under Section 451 IPC registered at Police Station Sadar Dabwali, Sirsa
4. FIR No. 38 dated 20.2.2019 under Sections 21/61/85 of NDPS Act registered at Police Station Sadar Dabwali, Sirsa
5. FIR No. 88 dated 1.8.2015 under Sections 61/1/14 Excise Act registered at Police GPR Bathinda. Rahul @ Mini 1. FIR No. 262 dated 28.7.2020 under Sections 25/54/59 of Petrol the Arms Act registered at Police Station Sadar Dabwali, Sirsa.
2. FIR No. 329 dated 26.2.2013 under Sections 302, 201/34 IPC registered at Police Station Sadar Julana, Jind.
3. FIR No. 704 dated 13.12.2016 under Sections 397, 379, 344 IPC & under Section 25 of the Arms Act.
Rampal @ 1. FIR No. 220 dated 21.7.2020 under Sections 25/54/59 of Baba the Arms Act registered at Police Station Pili Banga, District Hanumangarh, Rajasthan.
2. FIR No. 608/2019 under Sections 458, 307, 325, 427, 382, 354A, 143 IPC and 11/12 of POCSO Act registered at Police Station Sangriya, District Hanumangarh, Rajasthan.
Suresh Kumar FIR No. 283 dated 26.7.2021 under Sections 25/54/59 of @ Angrej the Arms Act registered at Police Station Adampur, District Hisar
6. I have considered rival submissions addressed before this Court.
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7. As far as the petitioners Ankit @ Bhanu, Rahul @ Mini Petrol and Rampal @ Baba are concerned, it is apparent that all three had actively participated in the designs to eliminate Jai Parkash and Mukesh Kumar on the asking of Lawrence Bishnoi. The petitioners Ankit @ Bhanu and Rahul @ Mini Petrol had conducted a recce of the area to know about the movements and whereabouts of the deceased and had passed on the said information to co- accused i.e. the professional shooters and had, thus, faciliated the commission of crime. They had also passed on the money amount of `2 lacs for hiring professional shooters.
8. The role of petitioner - Rampal @ Baba is also such which shows his complicity inasmuch as he is the one who on the asking of Lawrence Bishnoi had arranged for professional shooters namely Vikas @ Dabba and Rohit Gonder for the purpose of murdering Jai Parkash. As such, it is apparent that all the aforesaid three were not only fully aware about the common object to be achieved but had also actively participated to give effect to the common object. Their antecedents also show that they had repeatedly been indulging in committing crimes. In these circumstances, no special case for grant of bail is made out.
9. As far as the case of Suresh Kumar @ Angrej is concerned, the same is on a slightly different footing inasmuch as he seems to have come into picture after the crime had been committed and had harboured the criminals and had also provided a vehicle for their escape. There is nothing on record at the moment to show as to whether he was also aware of the designs of the co- accused for murdering Jai Parkash and Mukesh Kumar beforehand. The 8 of 9 ::: Downloaded on - 22-02-2022 21:07:25 ::: 9 CRM-M-21717-2021 (O&M) & three connected cases only other case he is stated to be involved previously pertains to a case under Arms Act. The only recovery effected from him in present case is his own mobile phone. Nothing has been shown to this Court as to whether there were any calls received or made from his phone to the other co-accused before the commission of crime. As such, the petitioner Suresh Kumar @ Angrej who has been behind bars since the last 1 year and 6 months deserves the concession of bail. The petition on behalf of Suresh Kumar @ Angrej is accepted and the petitioner Suresh Kumar @ Angrej is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
10. The petition on behalf of other accused namely Ankit @ Bhanu, Rahul @ Mini Petrol and Rampal @ Baba, as already discussed above are dismissed.
21.2.2022 (Gurvinder Singh Gill)
kamal Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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