Shiva Panch Ratan v. State of U.P.) was dismissed for want of prosecution by this Court vide order

2. Ms. Shambhawai Shukla, learned counsel for the applicants- Shiva @ Panch Ratan and Sunny, Sri Lal Chandra Mishra, learned counsel for the applicant-Rajeshwari Devi, Sri Shiv Shankar Singh, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State in all three bail applications are present and have been heard.

3. These three bail applications are connected together as they arise out of same case crime number and are of co-accused. The bail application of accused Shiva @ Panch Ratan is a second bail application. His first bail application being Crl. Misc. Bail Application No. 30997 of 2021 (Shiva @ Panch Ratan Vs. State of U.P.) was dismissed for want of prosecution by this Court vide order dated 13.09.2021.

4. The facts common in all the matters are that a First Information Report was lodged on 10.03.2021 by Ramdas Bind as Case Crime No. 0099 of 2021, under Sections 302, 342 IPC against Horilal Bind, Rajeshwari Devi, Sunny and Shiva with the allegation that on 10.03.2021 at about 02:00 am due to a previous enmity with regards to property his collateral Horilal Bind, his wife Rajeshwari Devi and his relatives Sunny and Shiva all together took away his son Anand Kumar aged about 18 years from his house and assaulted him in their house due to which he received serious injuries and was locked in the house. Police on dial 112 number was informed who then came and got his son out from the house of the accused and admitted him in CHC, Meja where during treatment he died. A report be lodged and action be taken.

5. The postmortem examination of Anand Kumar the deceased was conducted on 10.03.2021 wherein the doctor found three lacerated wounds, one contusion and one contused swelling on his body. The cause of death was opined as coma due to ante-mortem injuries. The doctor found the membrane inside the head to be lacerated and hematoma present in the brain. Further I/V cannula was present on the left forearm.

6. The investigation concluded and a charge sheet dated 09.04.2021 was filed against Horilal Bind, Panch Ratan @ Shiva, Sunny and Rajeshwari Devi, under Sections 302, 342 IPC. The court concerned took cognizance upon the same vide order dated 17.05.2021.

7. Learned counsel for the applicant-accused Shiva @ Panch Ratan submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant has been implicated in the matter only because he is a relative of Horilal. It is submitted further that the applicant has no motive to commit the aforesaid offence. While placing CD No. 3 dated 16.03.2021 it is submitted that the Investigating Officer has mentioned that he has come to know through reliable sources that Anand Kumar had friendship with some girl in the house of Horilal Bind and he had gone to meet the girl after which Horilal Bind and others caught hold of him and assaulted him due to which he died. It is submitted that as such the story of bringing the deceased to the house by the accused persons is false. It is submitted that Km. Ravina the daughter of Horilal is a cooked up a witness and she had moved an application under Section 156(3) Cr.P.C. against the deceased Anand Kumar and others before the court concerned, on which an order dated 11.08.2021 was passed directing lodging a first information report on the basis of which a first information report was lodged on 01.09.2021 as Case Crime No. 467/2021, under Sections 376-D IPC against Anand Kumar and Durga Shankar. It is submitted that the incident in the said case was of 09.03.2021 which is a day prior to the incident of the present case, para 17 and annexure 18 of the affidavit being the order passed on the application under Section 156(3) Cr.P.C. and the first information report of the said case has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 10.03.2021.

8. Learned counsel for the applicant-accused Sunny also placed the same arguments as that which have been argued for the accused- applicant Shiva @ Panch Ratan. It is submitted while placing para 18 of the affidavit that the applicant has clean antecedents and is in jail since 10.03.2021.

9. Learned counsel for the applicant-accused Rajeswari Devi submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a lady and she is entitled to the benefit of 437 Cr.P.C. It is further submitted that as per the FIR there are four accused persons named therein who have been assigned common and general role but the deceased has received five injuries which is more than the number of accused. It is further submitted that the police has shown the recovery of an alleged blood stained danda which was allegedly recovered from beside the house of Horilal Bind on the pointing out of Horilal Bind, Sunny and Shiva who gave their confessional statements and have stated regarding use of the said danda by them but the recovery is false and planted. The recovery is alleged to have been done on 10.03.2021, copy of the recovery memo has been placed before the Court which is at page 30 of the paper book. Further while placing the statement of Ram Das Bind recorded before the trial court as PW-1 which is annexed as annexure S.A.1 to the supplementary affidavit dated 09.02.2023 it is submitted that there are material contradictions in the said statement which would go to show that the applicant has been falsely implicated in the present case. It is further submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 11.03.2021.

10. Per contra, learned counsel for the first informant while giving reply to all the three bail applications submitted that the applicants are named in the FIR and there are allegations of their taking away the deceased with them from his house and then assaulting him in the house of Horilal and locking him up there and going away after which police of dial 112 number was called who then took out the deceased and took him to the health centre where he was given first aid after which he died. It is next submitted that Km. Raveena Devi is the daughter of the accused Horilal and Rajeshwari Devi who has been interrogated during investigation and is a witness mentioned in the charge-sheet at serial No. 11 whose statement is annexed as annexure CA-4 to the counter affidavit dated 23.12.2021 filed in the bail application Rajeshwari Devi, a perusal of which goes to show that she has stated that the accused persons brought Anand Kumar in the house and tied his hands and legs and assaulted him with kicks, fists, lathi and danda due to which he became unconscious and received injuries after which they ran away. She then locked the door from inside and went to Anand Kumar and took out his mobile and informed about the incident to his father. It is submitted further while placing the statement of Head Constable Ramdaras of PRV mobile (police van) which is at page 26 of the counter affidavit that he has stated that when PRV received information about the incident, they reached there and on asking about it and he got the door of the house of Horilal opened and found Anand Kumar with tied hands and legs and he had received injuries and on asking he told him that he was called in the house and then the door was closed and he was assaulted. After that the first informant and Anand Kumar were taken by them to the health centre. It is further submitted that Ashok Kumar Bind also stated about the same and the fact that Anand Kumar stated about the incident to them. It is submitted that the same would thus be a dying declaration. It is submitted that the same goes to show the involvement of all the accused persons in the present matter and their participation. It is submitted that as such all the bail applications be thus rejected.

11. Learned counsel for the State also vehemently opposed all the three bail applications and submitted that the applicants are named in the FIR and have been assigned the role of assault upon the deceased. It is further submitted that the place of the incident is the house of the accused Horilal and the applicant Rajeshwari Devi is not in dispute. Further even the fact that co-accused Shiva @ Panch Ratan and Sunny were present in the house at the time of the incident is also not in dispute. It is further submitted that there is recovery of a blood stained danda on the pointing out of the said three accused persons. It is submitted further that the argument of learned counsel for the first informant is adopted. It is further submitted that in so far as the moving of the application by Km. Raveena under Section 156(3) Cr.P.C. is concerned, the same was clearly an act of malafide and appears to be on the pressure of her family members just in order to give the case a different colour. It is submitted that as such the same is for creating some sort of defence. It is submitted that the prayer for bail be rejected.

12. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are named in the FIR. The applicants are assigned the role of calling and bringing the deceased to the house of Horilal and Rajeshwari Devi where he was tied and assaulted and then the door of the house was locked and they ran away. Police of dial 112 was called who then opened the door and found the deceased in a tied condition having injuries on his body who was then taken to the health centre where he was given first aid after which he died. Km. Raveena the daughter of the accused Horilal and Rajeshwari Devi has also stated about the incident and participation of the accused persons. The deceased while being in an injured condition disclosed about the participation of the accused persons when police of dial 112 number reached there as has been stated by the police Constable of PRV and also Ashok Kumar Bind.

13. In so far as the appreciation of the evidence of PW-1 is concerned, the same is to be done by the trial court at the appropriate stage. As of now PW-1 has supported the prosecution case while giving his testimony in the trial.

14. Looking to the nature of incident, participation of the applicants, the nature of evidence collected and the facts of the case, no ground for bail is made out hence all the three bail applications of the applicants namely Shiva @ Panch Ratan, Sunny and Rajeshwari Devi are rejected. Order Date :- 23.1.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Ms. Shambhawai Shukla, learned counsel for the applicants- Shiva @ Panch Ratan and Sunny, Sri Lal Chandra Mishra, learned counsel for the applicant-Rajeshwari Devi, Sri Shiv Shankar Singh, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State in all three bail applications are present and have been heard.

3. These three bail applications are connected together as they arise out of same case crime number and are of co-accused. The bail application of accused Shiva @ Panch Ratan is a second bail application. His first bail application being Crl. Misc. Bail Application No. 30997 of 2021 (Shiva @ Panch Ratan Vs. State of U.P.) was dismissed for want of prosecution by this Court vide order dated 13.09.2021.

4. The facts common in all the matters are that a First Information Report was lodged on 10.03.2021 by Ramdas Bind as Case Crime No. 0099 of 2021, under Sections 302, 342 IPC against Horilal Bind, Rajeshwari Devi, Sunny and Shiva with the allegation that on 10.03.2021 at about 02:00 am due to a previous enmity with regards to property his collateral Horilal Bind, his wife Rajeshwari Devi and his relatives Sunny and Shiva all together took away his son Anand Kumar aged about 18 years from his house and assaulted him in their house due to which he received serious injuries and was locked in the house. Police on dial 112 number was informed who then came and got his son out from the house of the accused and admitted him in CHC, Meja where during treatment he died. A report be lodged and action be taken.

5. The postmortem examination of Anand Kumar the deceased was conducted on 10.03.2021 wherein the doctor found three lacerated wounds, one contusion and one contused swelling on his body. The cause of death was opined as coma due to ante-mortem injuries. The doctor found the membrane inside the head to be lacerated and hematoma present in the brain. Further I/V cannula was present on the left forearm.

6. The investigation concluded and a charge sheet dated 09.04.2021 was filed against Horilal Bind, Panch Ratan @ Shiva, Sunny and Rajeshwari Devi, under Sections 302, 342 IPC. The court concerned took cognizance upon the same vide order dated 17.05.2021.

7. Learned counsel for the applicant-accused Shiva @ Panch Ratan submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant has been implicated in the matter only because he is a relative of Horilal. It is submitted further that the applicant has no motive to commit the aforesaid offence. While placing CD No. 3 dated 16.03.2021 it is submitted that the Investigating Officer has mentioned that he has come to know through reliable sources that Anand Kumar had friendship with some girl in the house of Horilal Bind and he had gone to meet the girl after which Horilal Bind and others caught hold of him and assaulted him due to which he died. It is submitted that as such the story of bringing the deceased to the house by the accused persons is false. It is submitted that Km. Ravina the daughter of Horilal is a cooked up a witness and she had moved an application under Section 156(3) Cr.P.C. against the deceased Anand Kumar and others before the court concerned, on which an order dated 11.08.2021 was passed directing lodging a first information report on the basis of which a first information report was lodged on 01.09.2021 as Case Crime No. 467/2021, under Sections 376-D IPC against Anand Kumar and Durga Shankar. It is submitted that the incident in the said case was of 09.03.2021 which is a day prior to the incident of the present case, para 17 and annexure 18 of the affidavit being the order passed on the application under Section 156(3) Cr.P.C. and the first information report of the said case has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 10.03.2021.

8. Learned counsel for the applicant-accused Sunny also placed the same arguments as that which have been argued for the accused- applicant Shiva @ Panch Ratan. It is submitted while placing para 18 of the affidavit that the applicant has clean antecedents and is in jail since 10.03.2021.

9. Learned counsel for the applicant-accused Rajeswari Devi submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a lady and she is entitled to the benefit of 437 Cr.P.C. It is further submitted that as per the FIR there are four accused persons named therein who have been assigned common and general role but the deceased has received five injuries which is more than the number of accused. It is further submitted that the police has shown the recovery of an alleged blood stained danda which was allegedly recovered from beside the house of Horilal Bind on the pointing out of Horilal Bind, Sunny and Shiva who gave their confessional statements and have stated regarding use of the said danda by them but the recovery is false and planted. The recovery is alleged to have been done on 10.03.2021, copy of the recovery memo has been placed before the Court which is at page 30 of the paper book. Further while placing the statement of Ram Das Bind recorded before the trial court as PW-1 which is annexed as annexure S.A.1 to the supplementary affidavit dated 09.02.2023 it is submitted that there are material contradictions in the said statement which would go to show that the applicant has been falsely implicated in the present case. It is further submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 11.03.2021.

10. Per contra, learned counsel for the first informant while giving reply to all the three bail applications submitted that the applicants are named in the FIR and there are allegations of their taking away the deceased with them from his house and then assaulting him in the house of Horilal and locking him up there and going away after which police of dial 112 number was called who then took out the deceased and took him to the health centre where he was given first aid after which he died. It is next submitted that Km. Raveena Devi is the daughter of the accused Horilal and Rajeshwari Devi who has been interrogated during investigation and is a witness mentioned in the charge-sheet at serial No. 11 whose statement is annexed as annexure CA-4 to the counter affidavit dated 23.12.2021 filed in the bail application Rajeshwari Devi, a perusal of which goes to show that she has stated that the accused persons brought Anand Kumar in the house and tied his hands and legs and assaulted him with kicks, fists, lathi and danda due to which he became unconscious and received injuries after which they ran away. She then locked the door from inside and went to Anand Kumar and took out his mobile and informed about the incident to his father. It is submitted further while placing the statement of Head Constable Ramdaras of PRV mobile (police van) which is at page 26 of the counter affidavit that he has stated that when PRV received information about the incident, they reached there and on asking about it and he got the door of the house of Horilal opened and found Anand Kumar with tied hands and legs and he had received injuries and on asking he told him that he was called in the house and then the door was closed and he was assaulted. After that the first informant and Anand Kumar were taken by them to the health centre. It is further submitted that Ashok Kumar Bind also stated about the same and the fact that Anand Kumar stated about the incident to them. It is submitted that the same would thus be a dying declaration. It is submitted that the same goes to show the involvement of all the accused persons in the present matter and their participation. It is submitted that as such all the bail applications be thus rejected.

11. Learned counsel for the State also vehemently opposed all the three bail applications and submitted that the applicants are named in the FIR and have been assigned the role of assault upon the deceased. It is further submitted that the place of the incident is the house of the accused Horilal and the applicant Rajeshwari Devi is not in dispute. Further even the fact that co-accused Shiva @ Panch Ratan and Sunny were present in the house at the time of the incident is also not in dispute. It is further submitted that there is recovery of a blood stained danda on the pointing out of the said three accused persons. It is submitted further that the argument of learned counsel for the first informant is adopted. It is further submitted that in so far as the moving of the application by Km. Raveena under Section 156(3) Cr.P.C. is concerned, the same was clearly an act of malafide and appears to be on the pressure of her family members just in order to give the case a different colour. It is submitted that as such the same is for creating some sort of defence. It is submitted that the prayer for bail be rejected.

12. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are named in the FIR. The applicants are assigned the role of calling and bringing the deceased to the house of Horilal and Rajeshwari Devi where he was tied and assaulted and then the door of the house was locked and they ran away. Police of dial 112 was called who then opened the door and found the deceased in a tied condition having injuries on his body who was then taken to the health centre where he was given first aid after which he died. Km. Raveena the daughter of the accused Horilal and Rajeshwari Devi has also stated about the incident and participation of the accused persons. The deceased while being in an injured condition disclosed about the participation of the accused persons when police of dial 112 number reached there as has been stated by the police Constable of PRV and also Ashok Kumar Bind.

13. In so far as the appreciation of the evidence of PW-1 is concerned, the same is to be done by the trial court at the appropriate stage. As of now PW-1 has supported the prosecution case while giving his testimony in the trial.

14. Looking to the nature of incident, participation of the applicants, the nature of evidence collected and the facts of the case, no ground for bail is made out hence all the three bail applications of the applicants namely Shiva @ Panch Ratan, Sunny and Rajeshwari Devi are rejected. Order Date :- 23.1.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad