High Court
Case Details
Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26892 of 2022 Applicant :- Pravaz Fauji @ Pravez Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A & Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32339 of 2022 Applicant :- Srawan Singh Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Kumar Pandey,Santosh Kumar Upadhyay Counsel for Opposite Party :- G.A. & Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35921 of 2022 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J. There are three connected bail applications of the applicants named above, arising out of same case crime no. 75 of 2022 under Sections 302, 201, 404 and 34 IPC, P.S. Sarsawana, District Saharanpur. The applicant Sravan Singh Rathore is also accused of same case crime number, under Section 302, 201 and 34 IPC. The applicant Pravez Fauzi @ Pravez is in jail since 22.02.2022, the applicant Srawan Singh Rathore is in jail since 11.04.2022 and the applicant Monu is in jail since 22.02.2022. All the three bail applications are
Legal Reasoning
Section 161 Cr.P.C. of Sudhir Kumar, Taxi Driver, prima facie involvement of the applicants in the commission of the offence cannot be ruled out and therefore, the bail applications of all the three applicants, namely, Sarwan Singh Rathore, Parvez Fauzi @ Parvez and Monu is hereby rejected. Accordingly, the bail applications of the applicants are hereby rejected. Trial court is requested to gear up the trial and conclude the same as early as possible, without granting any undue and long adjournment to either of the parties. Let the copy of this order be placed before concerned trial court. Order Date :- 1.12.2022 Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
Arguments
being decided with the help of learned counsel for the applicants and learned AGA by a common order for the sake of brevity. Heard Sri P.S.Pundir, Sri Rajiv Lochan Shukla, and Sri A.K.S. Bais, learned counsels for the respective applicant, learned AGA for the State and perused the record. Since all the three bail applications are arising out of case crime no. 75 of 2022, which was initially registered under Sections 302, 201 and 34 IPC but after recovery of the valuable ornaments of the deceased from the co-accused Pravez Fauzi @ Pravez and Monu, Section 404 IPC was added in the charge sheet against them. Umrao Singh Rathore who is Sergent in the Indian Air Force posted at Air Port Station, Saurana, Saharanpur, has lodged FIR on 21.02.2022 for the incident said to have been taken place on 17.02.2022 under the aforesaid sections of the IPC against Srawan Singh Rathor, his own father, her own mother, Smt. Kiran Kanwar, Pravez Fauzi @ Pravez and Monu with the allegation that the informant is permanent resident of Bikaner, Rajasthan and since April 2021, he is posted at Air Force Station Sarsawa on the post of Sergent and residing in the Air Force Quarters along with his wife Pooja Rathor. Submission made by the counsel that when he was posted at Hyderabad during December 2018, he got married with Pooja Rathor. This was a love marriage between them and the informant's parent were dead against this marriage. Though the informant used to talk his mother on telephone. In the month of January 2022 informant's parent came to Sarsawa and stayed about a day. During which, his father incidentally met with one Pravez Fauzi from whom he has purchased a television. During conversation his father and Pravez Fauzi have developed certain amount of affinity as they served in the same unit of Artillery. On 12.02.2022, the informant's parent again visited to Sarsawa and this time the parent have insisted to take her wife so that she may have acquaintance with the family members and tradition of their family. On 17.02.2022 at around 6.00 in the evening, parent of Umrao Singh Rathore have taken his wife with them. The informant tried to inquire on telephone on 18.02.2022, his wife's telephone found switched off. When Umrao inquired from his father, who informed him, that they are going to Agra by train, as his wife has declined to accompany them, and they are going all alone. Perturbed by this, the informant has taken leave from his unit and started searching his wife. On 20.02.2022 has got lodged missing report. After some times, on social media it was flashed that one abandoned dead body of a lady was found at police station Budhiya Tehsil Jagdhari, District Yamunagar, Haryana. He was contacted by the I.O. of the case and thereafter identified the dead body of the lady, as his wife Pooja Rathor. On these parameters, the informant has suspected that in this incident his father Srawan Singh Rathor and his mother Kiran Kunwar of Bikaner, Rajasthan, Pravez Fauzi joinly eliminated his wife and thrwon her dead body near Tehsil Jagdhari in a canal. In this transaction, the co-accused/applicant Monu has equally participated in the offence. On these factual parameters, Sri P.S.Pundir,learned counsel for the applicant in Crl. Misc. Bail Application No. 26892 of 2022 has canvassed that the applicant Pravez Fauzi has got no motive or intention to assassinate the wife of the informant Pooja Rathor as he has no previous acquaintance or animosity with her and has been falsely implicated in the offence. There is no ocular evidence to the entire incident and his name has been dragged without any cogent reason/ground and evidence just on the basis of some unfounded suspicions. It is contended by the counsel that so far as the recovery of one chain, two earrings and Rs. 80,000/- is recovered from him, as his own property, as claimed by him. Similarly Sri A.K.S.Bais, learned counsel appearing for the accused-applicant Monu too has submitted that the alleged recovery of two earrings belongs to him. Sri Rajiv Lochan Shukla, learned counsel for the accused applicant Srawan Singh Rathor, submits that there is no ocular evidence to the entire incident and his son has lodged the FIR without any cogent reason, on the basis unfounded suspicions. Only after the alleged recovery of dead body of Smt. Pooja in District Yamunagar, Haryana. It is also argued by the counsel that his father has taken away his own daughter-in-law who is allegedly missing. Then there was no occasion or reason for lodging the missing report on 20.02.2022. In paragraph 13 of the affidavit, it has been alleged that the alleged marriage of the deceased with the informant was solemnized in the year 2018 and even after passing of the four years to say that the informant's parent were dead against the marriage looses its ground that no-one would kill her own daughter-in-law after lapse of considerable period of time. The parent of the informant and informant himself are two distinct and separate domestic unit and there is no interference in the life of the applicant. The statement of the co-accused persons has got no value in the eye of law, on whose statement, the name of the parent has come up. The applicant Sarwan Singh Rathore is an Ex. Army man, who retired from Army about 6 years back. The applicant has got unblemished past and not a previous convict. The pleadings have been exchanged between the parties. I have heard learned counsel for the applicants, so far as the involvement of Prevez and Monu is concerned, on 22.02.2022, the Investigating Officer of the case have summoned the informant Umrao Singh Rathor informing that at 7.30 in the evening, he has recovered one Platina Motorcycle with its rider and person sitting on pillion. The said motorcycle was driven by Monu and when searching was effected from his pocket, two golden finger rings was recovered from one persona and from another person too whom the informant has got a previous acquaintance from whose pocket Rs. 80,000/-, one broken golden chain with its locket embeded with red moonga. This chain and finger rings were duly identified by the informant, which was belongs to the deceased Pooja Rathor. After eliminating Pooja Rathor they have taken away golden ornament and cash and also shares that after hatching the conspiracy with Srawan Singh Rathor and his wife Kiran Kunwar, they have eliminated the lady and thereafter thrown her dead body in the Yamunagar in a canal. In this regard 161 Cr.P.C. statement of one Sudhir Kumar son of Lal Singh carries significant weight. He is a car driver of Indigo UK08 S0031, who has given a vivid description of the entire incident that his car was engaged by Pravez Fauzi, who hired his car. In the 161 Cr.P.C. statement every fire and minutest details was mentioned in which clearly indicates that the involvement of all the accused applicants is clearly established beyond any iota of doubt. No doubt, there is no occular evidence to the incident, but all the broken chains are clubbed they, indict all the applicants with fair certainty. The most interesting feature of this case is that son Umrao Singh Rathor is lodging the FIR against his own father alleging therein that his parent were not happy with marriage and on their insistence, on 17.02.022 her parent has taken away his wife to their native place on the pretext to introduce her with his family members and acquaint her with family tradition and when on the very next day when informant inquired from his father about his wife Pooja Rathor, then only Srawan Singh Rathor, applicant conveniently replied that his wife Kiran Kunwar are going to Agra by train all alone leaving behind the deceased Pooja Rathor. This is most astonishing and strange feature which speaks volume about the conduct of a father-in-law. His conduct and behavior has to be assessed with the allegation made in the FIR that his parent were not happy with the marriage and they insisted to carry the deceased with them on a false pretext. Enroute, they have eliminated the wife and not even bother to inform his son about the said missing. It is the informant, when he inquired from his father about his wife then a very innocent reply was given by him, that since she was not interested to accompany them and therefore, he has left his wife Pooja Rathor to some unknown destination. After the recovery of the dead body, the post mortem report was conducted, which reveals that there is hematoma is present over the left parietal region and there is fracture is present over right parietal region. In addition to this a massive extra dural and subdural hematoma is present. Her trachea was found congested and empty. As per the opinion of the doctor the cause of death is due to haemorrhagic shock on account of severe head injury to the deceased. Thus taking into account, the totality of the circumstances and interse relationship between the deceased and Srawan Singh Rathor, coupled with the fact that Srawan Singh Rathor was having good acquaintance with co- accused/applicant Pravez Fauzi, who has hired taxi and accompanied all of them including the deceased and taking into account the statement under