NAGAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court in terms of Section 498 of the Code of Criminal Procedure (for short, Cr.P.C.) for grant of bail in case, titled as State v. Jaggar Singh and others, in FIR No. 164 of 2010 registered with Police Station, Channi Himmat, Jammu under Sections 307/115/120-B/201/34 of Ranbir Penal Code (for short, R.P.C.) read with Sections 3/25 and 7/25 Arms Act.

(2.) The facts in brief as emerges from the police challan are that on 21.11.2010 on the basis of reliable information that alleged accused persons, namely, Rakesh Kumar alias Giri s/o Jeet Lal r/o Ward No. 4, R.S.Pura and Yudhvir Singh alias Bablu s/o Aya Singh r/o Agra Chack R.S.Pura, who were wanted in many cases in different Police Stations, were present in Dak Bunglow Maralian, a special police team was constituted under the supervision of Inspector Sunil Singh, SHO, Police Station, Mirah Sahib to nab these criminals. Accordingly, SHO Miran Sahib along with his team rushed to Dak Bunglow Maralian, but in the meanwhile, the accused persons fled away towards Jammu city. The police came to Jammu in search of the accused persons. When they reached near Satyam Resorts Channi Himmat, said Rakesh Kumar, Yudhvir Singh and one Sumit Choudhary alias Sunny alias Saleem Sheikh s/o Romesh Baba r/o Nai Basti came from Marble Market on Pulsar Motorcycle, they were signalled to stop, however, accused, Rakesh Kumar and Sumit Choudhary ignoring the warning started indiscriminate firing upon the police party with criminal intention to kill the police personnel. Meanwhile, Yudhvir Singh also stopped the motorcycle and he too started firing on the police party. Police also retaliated in self defence. During exchange of firing, accused Rakesh Kumar and Yudhvir Singh received injuries, whereas Sumit Choudhary succeeded in giving dodge to the police and fled away from the place of occurrence. Police recovered arms and ammunition from their possession and they were shifted to CMC for treatment where Rakesh Kumar succumbed to his injuries. Accordingly, a case was registered at Police Station, Channi Himmat, Jammu and the investigation was taken up by Inspector Karanjeet Singh, the then SHO, P/S Channi Himmat, Jammu. During the course of investigation, Investigating Officer visited the spot prepared the site plan and completed other legal formalities. The statements of prosecution witnesses were also recorded by the Investigating Officer.

(3.) During investigation, it came to light that one Jaggar Singh had hatched a criminal conspiracy to eliminate one S. Sudershan Singh Wazir (who is following the murder case of his nephew Amandeep Singh) with accused Yudhvir Singh, Rakesh Kumar, Sumit Choudhary, Akram Khan, Jatinder Kumar, Suresh Kumar alias Tunda and Surinder Singh alias Shanti. A sum of Rs. 10 lac was fixed as 'Supari' by accused Jaggar Singh payable to aforesaid other accused persons for carrying out the aforesaid object of criminal conspiracy.