Punjab-Haryana High Court
Umesh Alias Bhonga vs State Of Haryana on 25 April, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No.18461 of 2024 (O&M) nh: 2024:PHHC:056700
294 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.18461 of 2024 (O&M)
Date of decision : 25.04.2024
Umesh @ Bhonga a... Petitioner
versus
StateofHaryana Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
Present :-
REE
Mr. Bhisham Kumar Majoka, Advocate
for the petitioner.
Mr. Ashok Kumar Sehrawat, DAG, Haryana.
REE
PANKAJ JAIN, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for
grant of regular bail in case F.IL.R. No.16 dated 15.01.2021 registered under
Sections 302/201/34/120-B IPC at Police Station Hodal, District Palwal.
Custody certificate has been filed. The same is taken on
record. As per the custody certificate, the petitioner by now has undergone
more than 3 years, 3 months and 8 days.
As per the contents of the FIR it has been alleged as under :-
"Sir, To The Police Station Incharge Sir, Police Station Hodal.
Subject: application for registering the case and take legal action
against Satbir s/o Radhe 2. Dinesh s/o Satish 3. Umesh alias Manga
s/o Horam 4. Rahul s/o Horam 5. Boney s/o Rajbir 6. Mukesh s/o
Gangaram 7. Harkesh s/o Girraj 8. Satbir s/o Gangaram 9. Tilak s/o
Subash, Residents of Garhia Mohalla Hodal, Tehsil Hodal, District
Palwal. Sir, it is requested that I Sanjeev Kumar son of Gurdayal,
Caste Jatav, R/o Garhia Mohalla, Hodal, District Palwal. We have
three brothers and three sisters, in which two sisters are elder and
one sister and two brothers are younger. We already have a dispute
with the family of Satbir S/o Radhe, Dinesh S/o Satish, who lives in
our neighbourhood, in this regard a case is already registered
CRM-M No.18461 of 2024 (O&M) 2h 2024:PHHC:056700
against them in police station, Hodal and we have also filed two
criminal complaints against them in Hodal court. These people have
grudge against us for this reason and they extended life threat to me
and my family. My brother Vikram sets up a biryani shop near our
house. Yesterday on 14.01.2021 my brother Vikram and Vikas were
present at our house, then our neighbours namely Umesh alias
Moga, Rahul, Bonny, Rajbir, Dinesh, Mukesh, Harkesh, Satbir S/o
Gangaram and Tilak R/o Garhia Mohalla Hodel at about 8.00/8.30
p.m. on the conspiracy of Satbir s/o Radhe call my brother Vikram
aged about 32 years from our house and took him with them. My
brother Vikas had seen Vikram is going with these people. When
Vikram did not return for a long time, we looked for him a lot but
Vikram could not be found. Today on 15.01.2021 at around 8.00 am
we came to know that the body of my brother Vikram is lying in the
pond of the cremation ground, Hodal. As soon as we got this
information, I along with Suraj s/o kaniram and my brother Vikas
and lot of people of locality reached the cremation ground, where
police was already there. We went there and saw that in the
cremation ghat blood-stained bricks and broken pieces of teeth and
jaw of vikram and blood lying there and we were follow the signs of
dragging the body from there and when we went towards Pond, we
found there the body of Vikram was floating in the water of Pond
and with the help of the police fished out the body of Vikram from
the pond and we noticed there were several injury marks on his face
and head and his face was blood stained. The police after taking
possession of the body of my brother Vikram had Shifted it to the
General Hospital, Palwal for post mortem examination. My brother
Vikram was murdered by Satbir s/o Radhe with the conspiracy along
with the above persons and with an intention to destroy the evidence
dead body of Vikram was thrown in Pond after being murdered.
Satbir is having criminal proclivity and political influential person.
We still have danger to our lives and property from these people.
Therefore, it is requested that strict legal action should be taken
against the culprits by registering a case against them and protect
our lives and property. SD applicant Sanjeev Kumar son of Shri
Gurdayal, Caste Jatav, resident of Garhia Mohalla Hodal, District
Palwal."
CRM-M No.18461 of 2024 (O&M) 23: 2024: PHHC:056700
4 Learned counsel for the petitioner submits that apart from the
bald allegation no specific role has been attributed to the petitioner. The
incriminating evidence being relied upon is in form of alleged recovery of
pakka brick on the disclosure made by the petitioner. 12 out of 18 witnesses
stand examined. He thus submits that since material witness already stand
examined there can not be any apprehension that the petitioner shall tamper
with the evidence.
5 On being asked from where the recovery was made, learned
counsel for the State fairly submits that only the brick was recovered from
the place of occurrence i.e. a public place, thus it cannot be said that the
knowledge of the said brick can be attributed to the petitioner specifically.
Thus it is doubtful that whether Section 27 of the Evidence Act, 1872 will
be attracted leading to discovery of a fact admissible in evidence.
6 Learned counsel for the petitioner relies upon orders dated
06.03.2024 passed in CRM-M-50993-2023 and dated 03.04.2024 passed in
CRM-M-14864-2024 whereby co-accused namely Harkesh and Tilak
already stand admitted to bail by this Court.
7 Learned State counsel is not in a position to dispute that so far
as allegations are concerned all the three co-accused are at par.
8 I have heard learned counsel for the parties and have gone
through the records of the case.
9 Without commenting on the merits of the case by granting
parity with co-accused and considering the incarceration suffered by the
petitioner, the present petition is allowed. The petitioner is ordered to be
released on bail on his furnishing bail/surety bonds to the satisfaction of the
Ld. Trial Court/Duty Magistrate, concerned.
authenticity of this
order/judgment.
CRM-M No.18461 of 2024 (O&M) 4: 2024:PHHC:056700
10 Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
(PANKAJ JAIN )
JUDGE
25.04.2024
Pooja sharma-I
Whether speaking/reasoned Yes
Whether Reportable : No
