Manish @ Annu and Others vs State of Chhattisgarh

Fakhruddin, J.—Heard.

The applicants have filed this application u/s 439 of Cr.PC for grant of bail.

The case is taken up in the first half but at the request of the Counsel for the respondent/State to enable him to keep the responsible Officer present in Court, the case is directed to be taken up in the second half.

Later on:

The Additional Superintendent of Police, City, Bilaspur is present before the Court.

The prosecution story in short is that on 9-3-2002 marriage of one Akhilesh Singh was to be performed and for the purpose of said marriage one Somesh Soni, the photographer was asked to remain present during the marriage ceremony. However, said Somesh Soni reached the place where the marriage was to be performed at little late. Due to Somesh Soni being late for attending the ceremony, Akhilesh got annoyed and shot a fire at him. It is stated that previously also said Akhilesh Singh was involved in the offence u/s 302, IPC and was on bail.

The police did not reach the place of incident well in time and the dead-body remained lying there for hours till the police reached. Subsequent to the incident, mob assembled there and got infuriated over the incident. The members of the said mob also burnt the shopping complex belonging to the accused Akhilesh Singh and his father.

Shri Dhirendra Mishra and Ayaz Naved, Counsel appearing for the applicants submitted that all the family members of the deceased including the father and other relatives have been arrayed as accused persons. The manner in which Somesh Soni was killed is shocking and serious, but restraint is required and law should not be allowed to be taken in ones own hand.

It is stated by the Counsel for the State that at the relevant time only 4/5 policemen were posted in Mungeli Police Station.

It is noted that lack of proper police force is sometimes the main reason, which makes police helpless in reaching the scene of incident and taking stock of the situation. The State has to see that proper police force is deployed in each police station duly equipped with the essential facilities required for it to cope with the situation.

The Addl. Superintendent of Police, Bilaspur, who is present in the Court stated that at present in Mungeli Police Station one Town Inspector, One Sub-Inspector, One Asstt. Sub-Inspector, Five Hawaldars and 18 Constables are there. For the Mungeli Police station one vehicle has also been provided. It is further stated by the Officer concerned that there are 22 police stations in rural areas of Bilaspur District and only six police station are there in the Bilaspur City.

The Director General of Police and the Inspector General of Police, concerned shall ensure that the requirement of the police including the necessary equipments be fulfilled.

It is the duty of the State to ensure adequate police staff for each police station duly equipped with basic facilities. There should be no financial constraints in the matters where life and liberty of the citizens is involved.

The Chief Secretary, the Principal Secretary (Home) and the Principal Secretary (Finance) shall look into the matter and do the needful to submit report/reports within 3 months from today regarding compliance.

It is further informed that Police Station falling in the rural areas, the Station House Officers use their private motorcycles in the course of their duties and do not have the Government vehicles.

The State and its functionaries shall look into this aspect of the matter and do the needful to equip the police so that their performance may improve.

Counsel for the State submitted that the matter is being investigated. Many of the persons are already in jail for about two months.

Undoubtedly, the manner in which Somesh Soni was killed is not only heinous, serious and shocking but the retaliation and reaction of the friends and family members of the deceased is equally deplorable. No one can be allowed to take the law in his own hands. It is unfortunate that such an incident had occurred.

One of the reasons for such retaliation is the delay on the part of the Police to reach the place of incident as the dead-body remained lying there for hours together.

Having thus considered the facts and circumstances of the case and material available on record, the applicants are directed to be released on bail for a limited period of one year from today, on each of them furnishing a personal bond in the sum of Rs. 5,000/- with one surety in the like sura to the satisfaction of the concerned Magistrate/Trial Court for their appearance before the said Court as and when required.

It is made clear that the bond shall contain photographs, crime numbers and details of movable and immovable properties belonging to the applicants. Before accepting the bonds, copies of the same shall be supplied to the prosecution.

During this period the applicants shall maintain peace and tranquility and shall not repeat the offence. Before one month of expiry of period of one year, the applicants may apply for regular bail afresh and in case such application is filed then the same shall be considered by the Trial Court/Court concerned on its own merits keeping in view the conduct and behaviour of the applicants during this period. If any adverse order is passed, then the same shall not be given effect to for a further period of three weeks.

With the observations made above, this application stands disposed of.

A copy of this order be placed on the record of all the connected files u/s 439 of Cr.PC.

Certified copy as per rules.

Copy to State Counsel for compliance.