SHANKAR LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner(s) have filed the present petition(s) for seeking regular bail. It has been asserted that the petitioners were falsely implicated in FIR No. 56/2024 dtd. 1/4/2024 registered at Police Station West District Shimla, H.P. for the commission of offences punishable under Ss. 302, 201, 202, 120B, 452, 147, 148, 149, 323, 325, 342 and 506 of Indian Penal Code (in short 'IPC') and Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act'). The petitioners are innocent and they have nothing to do with the commission of crime. They were falsely implicated by the mother of Tikam Chand. The charge sheet has been filed before the competent Court. Co-accused had got pre-arrest bail from the Hon'ble Supreme Court and one co-accused Vinay Sharma got bail from this Court. The petitioners belong to a respectable family. They have roots in the society. No recovery is to be effected from the petitioners. They would abide by the terms and conditions which the Court may impose. They do not have any criminal antecedents. The trial has not commenced and there is a violation of the right of speedy trial of the petitioners, hence the petitions.

(2.) The petitions are opposed by filing a status report asserting that the informant made a complaint to the police on 1/4/2024 stating that her son Tikkam Chand alias Nittu (since deceased) was working as a labourer in the house of Sewa Nand in Village Khalyar. Prabha Devi, wife of Sewa Nand, called the informant on 22/3/2024 and told her that Tikkam Chand had fallen. Sewa Nand also called her and told her that Tikkam Chand had died due to a fall. The informant was coming to her home on a bus. She told Sewa Nand that she would call him after getting off the bus. However, she could not call him back as she was unable to locate the mobile number of Sewa Nand. She told her other son Med Ram about the call. The police also called her and inquired whether she had authorized any person to burn the dead body to which she replied in negative. Med Ram went to the village and found that the dead body of Tikam Chand was burnt by the villagers. His ash was handed over to him (Med Ram) with ?5,000/-. The informant subsequently discovered that Tikkam Chand had committed a theft in a temple and the villagers had beaten him to death. The police registered the FIR. It was found that a call was received in Police Post Jutogh on 21/3/2024 that police should contact Rajiv Sharma. The police called Rajiv Sharma who said that one person had lit a fire near the temple. He was a thief and heavily intoxicated. He was being taken to the police post. The police waited for the person but nobody came to the police post. The police again contacted Rajiv Sharma in the morning and he said that the person was sent to his home. Tikkam Chand was found dead at a distance of 60-70 mtrs. from the temple. His dead body was seen by Tara Chand. Tara Chand informed other villagers who were present near Sheetla Mata Temple about the death of Tikkam Chand. The villagers gathered in the house of Ward Member Jagdish Chand. He called Pradhan Anjana Thakur, Up-Pradhan Rajinder and other members of the Panchayat. The villagers informed the members of the Panchayat about the arson and theft committed by Tikkam Chand. They also told that Tikkam Chand was sent to his home. He was heavily intoxicated and he fell in a state of intoxication. Forensic experts inspected the spot and preserved the samples. The police went to the spot and seized the remains of the dead body. Rahul made a statement under Sec. 164 of Cr.P.C., stating that Umesh Kumar had dragged him (Rahul) out of his home and taken him to Sheetla Mata Temple. Umesh, Tara Chand and Rajiv Sharma gave beatings to Rahul and Tikkam Chand. The call details were also checked and the persons were found in touch with each other during the night and in the morning. Rajiv Sharma, Vinay Sharma, Ashish and Hemant saw that Sheetla Mata Temple was put on fire on 21/9/2024 at 10.30 PM. They went to the temple and found Tikkam Chand putting the temple on fire. Rajiv Sharma informed the police about this fact. Rajiv Sharma told Tara Chand, Geeta Ram, Shankar Lal, Ram Lal, Rajesh, Jagdish, Harish etc. about the incident. They reached the temple and gave beatings to Tikkam Chand. Tikkam Chand revealed that Rahul was also involved in the theft. He was brought from his home by Ram Lal, Umesh, Bhanu, Nikhilesh, Nikhil, Nitin, Lakshay and Jagdish Chand. They gave beatings to Rahul. Rahul also saw Tikkam Chand lying on the floor. His head and face were bleeding. Rajiv, Hemant, Ashish, Vinay, Tara Chand, Geeta Ram, Shankar Lal, Harish and Sushil were present and they gave beatings to Rahul and Tikkam Chand. The villagers also took their photographs and prepared the video. Subsequently, Tikkam Chand died and his dead body was burnt. The police arrested Vinay, Ashish, Shankar Lal, Geeta Ram, Rajiv Sharma and Tara Chand. As per the opinion of the Medical Officer, Tikkam Chand could have died due to injuries caused with a stick recovered by the police. It was found that the deceased belonged to a Scheduled Caste; hence Sec. 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, was added. As per the investigation conducted by the police, Vinay Sharma, Hemant, Rajiv and Ashish reached the complex of Sheetla Mata Temple on 21/3/2024 after noticing the fire. They caught hold of Tikam Chand. Rajiv Sharma informed the police about the apprehension of the thief. Accused Tara Chand, Shankar Lal and Geeta Ram reached thereafter. All seven persons gave beatings to Tikam Chand. Rajesh Kumar, Susheel Kumar and Harish Kumar noticed bleeding injuries suffered by Tikam Chand. Rahul saw Tikam Chand lying near the Hawan Kund. He noticed the petitioners and other accused persons. Tara Chand, Rajiv and other persons gave beatings to Rahul. The report from FSL has been received. There is sufficient material to connect the petitioners with the commission of a crime. They had given beatings to Tikam Chand which led to his death. They had cremated the dead body and destroyed the evidence. The photographs of Tikam Chand and Rahul were found in the mobile phone of Vinay. The petitioners are involved in a heinous offence. They can intimidate the witnesses in case of their release on bail, therefore, it was prayed that the present petitions be dismissed.

(3.) I have heard Mr Ajay Kochhar, learned Senior Advocate with Mr. Anubhav Chopra, learned counsel for the petitioners Hemant, Ashish, Geeta Ram, Rajeev Sharma and Mr. Chander Shekhar, learned counsel for the petitioner Shankar Lal and Mr Ajit Sharma and Mr Prashant Sen, learned Deputy Advocate General for the respondent/State.