RAJESH PANDOH Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Rajesh Pandoh-the applicant has filed this application under Section 497 Cr. P.C., for the grant of bail in his favour in case titled "State of J&K v. Ankush Pandoh and Others" arising out of FIR No. 101/209, of Police Station Udhampur, for the commission of offences punishable under Sections 302 read with 120-B and 109 RPC.

(2.) The facts as these emerge from the study of the file under consideration are that the deceased Parshotam Kumar alias Sanjay Jandial (hereinafter referred to as "deceased") and the applicant-accused were dealing as commission agents in the fruit and vegetable market, situate at Udhampur. There relations were not cordial. They had a business rivalry. A month before the alleged occurrence dated 02.05.2009, the applicant and his brother-in-law namely, Sudesh Verma are said to have concealed a vehicle loaded with kinnos, which the deceased had purchased and procured from Pathankote. On this, the deceased openly abused and thrashed both of them within the precincts of the fruit market. During this incident, the accused-Ankush Pandoh, related to the applicant-accused as his nephew had also reached on the spot. The applicant-accused had at that moment divulged that the deceased will not permit him to carry on his business, and, therefore, some arrangements are required to be made to deal with him. On this the accused-Ankush Pandoh is said to have replied that if the applicant arranges for some money, he will take care of the rest.

(3.) The case of the prosecution further is that later Akush Pandoh in active connivance with his friends' Adil Shah-accused No. 2 and Rahil Chadel in furtherance of a common intention attacked the deceased on 02.05.2009 inside a shop known as "Kamal Enterprises" located at Chabutra Bazaar, Udhampur. Accused No. 1 is said to have inflicted injuries on his head with a sharp edged weapon called 'Khokhri' and accused No. 2 is stated to have fired on him with a country made shot-gun which hit his chest. Accused No. 3 is said to have exhorted the accused No. 1 and accused No. 2 from the area located outside the Shop. The deceased succumbed to his injuries on way to the hospital. After the occurrence, accused No. 4, the applicant provided Rs. 10,000/- to accused No. 2 and accused No. 3 at Jhajar Kotli through his servant Jagdish Khajuria and on the receipt thereof they fled away. The applicant-accused applied for bail before the Trial Court, which came to be rejected by order dated 31.12.2014, constraining the applicant to file an application for grant of bail before the High Court, on the grounds that he is innocent and a law abiding citizen. He has been falsely implicated in the case, he is facing incarceration since 2009 despite the fact that only three witnesses, namely, Sunil Khajuria, Raj Mathur and Jagdish Khajuria projected against the applicant, have not supported the prosecution story at all. The application came to be dismissed by an order dated 31.12.2015 of the High Court.