RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is Cril. Misc. No. 29482-M of 1998 whereby Rakesh Kumar petitioner has prayed for the grant of bail to him in case FIR No. 296 dated 26.5.1998 registered under sections 302/148/149/216/120-B/109 of the Indian Penal Code and 25/54/59 of the Arms Act at Police Station Civil Lines, Rohtak.

(2.) Prosecution case being projected by Sh. Rinku Bhardwaj who is lodger of the First Information Report runs as under:-

(3.) It has been submitted by the learned counsel for the petitioner that all the five accused who are the main accused have been arrested, who are alleged to have murdered Devender Coach. Petitioner has no relation with the main accused nor he had any animosity with the deceased. On 21.11.1997 petitioners brother Rajiv was murdered by Ravinder Barak and Jatinder Chhikara and they are facing trial under section 302 of the Indian Penal Code. Ravinder Barak and Jatinder Chhikara had no relation with Devender Coach and therefore the petitioner could possibly have no grudge against. Devender Coach. Petitioner, petitioner father and brother were arrested. To secure their release, petitioners mother Roshni sent telegrams to the Honourable Mr. Justice G.T. Nanavati, vacation Judge of the Supreme Court of India on 30.5.1998. The said telegram was treated as Criminal Writ Petition No. 799993 of 1998. When the police came to know about the said writ petition, the petitioner, petitioners father and brother were freed on 2.6.1998. The police kept putting pressure on the petitioner and his family for compromise in the case relating to Rajivs murder. Petitioner was involved by fabricating false evidence. Statements of two alleged eye witnesses namely Joginder Singh and Rajesh alias Raje son of Dilbagh Singh were recorded later on in which Rajesh alias Raje, Rajiv alias Pochu, Yashpal, Naresh and Pa wan were named as assailants. On the basis of their alleged interrogation on 5.7.1998 the petitioner along with two others namely Sonu alias Varinder and Nitu alias Kuldeep were sought to be implicated for having conspired and abetted the commission of the murder of Devender Coach. In the remand application Annexure P-3 dated 8.7.1998 the only basis for implicating petitioner s the alleged interrogation of the main accused and nothing else. Thereafter, the role of Sonu alias Varinder and Kuldeep alias Nitu was changed from that of conspirators/debtors to harbour and offence against them w as changed to one under Sec. 216 of the Indian Penal Code Rajesh alias Raje, Yash Pal, Pawan, Rajiv alias Pochu were arrested on 4.7.1998. During the police remand they were interrogated and on 5.7.1998 Sec. 120-B/109 of the Indian Penal Code were added because Rakesh son of Mahavir was told to have conspired with Rajesh etc. and to have instigated them for the murder of Deventer Coach.