Madhya Pradesh High Court
Dheerendra @ Veeru Tomar vs The State Of Madhya Pradesh on 11 September, 2019
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.24350/2019
(Dheerendra @ Veeru Tomar Vs. State of M.P.)
Gwalior, Dated:-11.09.2019
Mr. Atul Gupta, learned counsel for the applicant.
Mr. Arjun Singh Parihar, leaned Panel Lawyer for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. First application was dismissed on merits vider order dated 21.08.2018 passed in M.Cr.C.No.31250/2018.
The applicant has been arrested by Police Station Padav, District Gwalior, in connection with Crime No.96/2018 registered in relation to the offence punishable under Sections 302, 307, 147, 148, 149, 120-B of IPC and Section 25/27 of Arms Act.
Prosecution story, in short, is that on 20.02.2018, 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, 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.24350/2019 (Dheerendra @ Veeru Tomar Vs. State of M.P.) 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, 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. He is in custody since 03.05.2018. It is submitted that the applicant has been implicated on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. Deceased himself was a history sheeter. Investigation is over and charge-sheet has been filed. Learned counsel for the applicant further poitned out that during investigation, in the kafiat, the police authorities have to the conclusion that Anand and Bunty Bhadouria had fired and no one else. Therefore applicant is also entitled for release on bail. He is permanent resident of Gwalior and there is no likelihood of his absconsion, if released on bail. With the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.24350/2019 (Dheerendra @ Veeru Tomar Vs. State of M.P.) aforesaid submissions, prayer for grant of bail is made.
On the other hand, learned Panel Lawyer 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 postmortem report reveals that the deceased had received as many as 10 firearm injures. Besides applicant has criminal antecedents, in as much as three other criminal cases are registered against him. With the aforesaid submissions, it is prayed that no indulgence is warranted.
Considering the nature of allegations coupled with criminal antecedents of the applicant and there being no considerable change, in the opinion of this Court, no case for grant of bail is made out.
The application, accordingly, stands dismissed.
(S.A. Dharmadhikari) Judge bj/-
BARKHA JHA 2019.09.
1215:00:33 +05'30'