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Judgment
P.K. Jaiswal, J.
Heard. Case diary perused.
Miscellaneous Criminal Case No. 8575/2014 has been filed by applicant Babu Billod s/o Fakir. This is his first application.
Miscellaneous Criminal Case No. 7711/2014 is second repeat application for grant of bail filed by applicant Raju s/o Babu Khan.
Both the applicants (Babi Billod and Raju) have been implicated in Crime No. 57/2014 registered at Police Station Narayangarh, District - Mandsaur for the offence punishable under Sections 302, 307, 120-B, 147, 148 and 149 of the Indian Penal Code and under Section 25/ 27 of the Arms Act, 1959.
As per the prosecution story, on 13.03.2014, complainant - Imran Khan, who is one of the eye witness, has lodged a report that when he was travelling in his car bearing registration number RJ-01 CB-5277 along with his two brothers, namely Haji Mohammed & Mujib Khan, driver Ramesh and Sakka @ Sakkamal @ Jafar Hussain and were going to Doda-Chura Godown, which is situated at Village Billod. On the way, accused Kamal along with other co-accused persons came in his Scorpio Car and dashed the car of the complainant. Thereafter, persons, who were sitting in the car, started firing; due to which, Mujib Khan and Haji Mohammed sustained gunshot injuries; as a result of which, they succumbed to their injuries. Sakkamal and Ramesh were also injured. The impact of the dash was so much that the car of the complainant was overturned. Accused Babu, Shahid, Abdul and Kamal came out from the Scorpio vehicle. Accused Abdul, who was armed with firearm, inflicted gunshot injuries to Haji Mohammed. As a result of which, he succumbed to his injuries. Kamal also tried to cause firearm injury to Ramesh, Complainant. Scorpio Car came from the backside and dashed the car of the complainant.
The background of the case is that family of the complainant submitted tender in the relevant year for Doda-Chura in Districts Mandsaur and Neemuch and accused Babu Billod and his proxy also submitted their tender, but somehow they could not succeed in the tender of Doda-Chura; resulting in Babu Billod having enmity with the complainant party.
On the date of offence, applicant Babu Billod, his sons Shahid & Abdul and other accused persons chased intentionally the vehicle of complainant and dashed on the vehicle and openly fired guns; resulting in death of two persons on the spot and two other persons sustained grievous injuries. Both the applicants Raju and Babu Billod are not only the mastermind accused, but having common intention of causing double murder and attempt to murder.
As per the case diary, applicant Babu Billod has past criminal antecedents and against him number of serious crimes are registered vide Crime No. 66/1985 under Sections 302, 148 and 149 of the Indian Penal Code; Crime No. 191/1998 under Section 8/ 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Crime No. 118/1999 under Section 8/ 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985; Crime No. 127/1999 under Section 8/ 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985; Crime No. 309/2011 under Sections 341, 323, 294 and 506/ 34 of the Indian Penal Code; Crime No. 28/1997 under Sections 342, 323 and 506-B of the Indian Penal Code; and Crime No. 442/2010 under Section 8/ 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Shri Avinash Sirpurkar, learned counsel for applicant Babu Billod has submitted that present applicant has been falsely implicated in the alleged offence, whereas at the time of occurrence, he was in ICICI Bank at Neemuch and further submitted that footage of CCTV coverage of ICICI Bank of the relevant date is on record. It also submitted that as per the case diary statement of the prosecution witnesses, his presence on the spot is doubtful. He, therefore, submitted that the application for grant of bail be allowed and applicant Babu Billod be released on bail.
On the other hand, Shri Devendra Singh, learned Panel Lawyer opposed the prayer for grant of bail to applicant Babu Billod. He submitted that as per the case diary and 164 statements of Ramesh, Imran and Yakub Khan, the present applicant Babu Billod is the mastermind in committing double murder; he is the main accused and named First Information Report (FIR) has been lodged against him and prayed for rejection of this application.
Shri P.K. Shukla, learned counsel appearing on behalf of applicant Raju s/o Babu Khan has submitted that no named FIR has been lodged against the present applicant. As per the FIR, only nine persons have been implicated in the alleged offence, though name of applicant Raju s/o Babu Khan has been discussed in the details of the FIR and later on, after a period of ten days, the present applicant is implicated in the alleged offence. It is also submitted that at the time of consideration of the first bail application, Forensic Science Laboratory (FSL) Report was not available, and therefore, this repeat application has been filed after receipt of FSL Report. Learned counsel for the applicant Raju s/o Babu Khan has further submitted that the present applicant is having parity with co-accused Rais Khan s/o Babu Khan, whose application (Miscellaneous Criminal Case No. 4669/2014) for grant of bail has been allowed by order dated 08.09.2014 and prayed that this repeat application filed on behalf of applicant Raju s/o Babu Khan be allowed and he be released on bail.
By order dated 19.08.2014, his first application (Raju son of Babu Khan) has been rejected; relevant part of the order reads as under: -
"As per prosecution story in 2014 complainant party were awarded contract of ''Doda Chura'' of Mandsaur - Neemuch District. Earlier the contract was awarded to the accused persons, due to the aforesaid reasons enmity between them arisen. On 13.03.2014 at about 04.30 complainant Imran Khan, his brother Haji Mohammed, Mujib Khan and Sikka were going to ''Doda Chura'' godown, which is situated at village Bilodh in car bearing Registration No. RJ-01 CB-5277. The aforesaid car was driven by Ramesh. On the way of village Bilodh, accused Kamal came in Scorpio Car and dashed the car of the complainant. Thereafter, the persons, who were sitting in the car started firing due to fire Mujib Khan sustained injuries as a result of which he succumbed to his injuries. The impact of dash was so much that the car of the complainant was over turned. Thereafter accused Babu, Shahid, Abdul and Kamal came out from the Scorpio vehicle. Accused Abdul, who was armed with fire arm inflicted gun short injury to Haji Mohammed, as a result of which he succumbed to his injuries. Kamal also tried to cause fire injury to Ramesh. Complainant - Imran, Ramesh and Sikka ran away from the place of occurrence. As per statement of Satar Hussain, present applicant was also sitting in the Scorpio Jeep. Fire arm has been seized from his possession. Reki was carried by Abdul and present applicant as is evident from the statement of Satar Hussain.
On due consideration of the police statements of the prosecution witnesses, so also to the fact that location of mobile of the applicant found at the place of occurrence, the applicant been identified by the prosecution witnesses, it is a case of double murder. No case for grant of bail as prayed by the applicant is made out."
Shri Devendra Singh, learned Panel Lawyer opposed the prayer and submitted that the present applicant is deeply involved in the alleged offence. His first application has been dismissed on merit by order dated 19.08.2014. There is no change in the facts and circumstances of the case to consider this repeat application and prayed for dismissal of this repeat application.
Shri S.K. Vyas, learned Senior Counsel appearing along with Shri R.R. Bhatnagar, advocate for the objector, has drew our attention to police statement and 164 statement of Ramesh, Imran and Yakub Khan. He also submitted that footage dated 13.03.2014 of CCTV coverage of ICICI Bank was inquired into by the respondent and as per the inquiry, it has been found that the footage dated 13.03.2014 of CCTV coverage of ICICI Bank is forged and fake document. He lastly submitted that due to business rivalry, the applicants and other co-accused persons committed the alleged offence, because they could not succeed in the contract of Doda Chura at Mandsaur and Neemuch Districts, and therefore, they prepared a plan to eliminate them. He further submitted that looking to their past criminal antecedents and the manner in which the crime was committed and their involvement in the alleged offence, their bail applications deserve to be rejected. Therefore, he prayed for rejection of the both bail applications.
I have considered the arguments of the learned counsel for the parties and also perused the case-diary of the case. As per the FIR, police case diary statement and 164 statement of the prosecution witnesses, the present applicants are deeply involved in the alleged offence. They were present on the spot at the time of occurrence of the incident. Looking to the involvement of the present applicants in the alleged offence, no case for grant of bail, as prayed for by applicants Babu Billod s/o Fakir and Raju s/o Babu Khan, is made out.
Accordingly, Miscellaneous Criminal Cases No. 8575 & 7711 of 2014 are rejected.