IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 839 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rajeev Walia @ Raju Walia .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party __________________________________________________________________Aris ing out of FIR No. 48 of 2009 (Sessions Trial No. 152/2009) U/s 147, 148, 149, 307, 332, 302, 396, 333, 353, 336, 412/34, 436, 427, 120B IPC, Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act, PS Kaladhungi, District Nainital. _______________________________________________________________ September 10, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Akhil Kumar Sah, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that on 22.8.2009 at about 9.30 pm, Kaladhungi police received an information that an altercation has took place at Punian Restaurant between Balwant Singh Kanyal and Neeraj Tiwari and their supporters. On this information, police went to the said restaurant and brought Balwant Singh Kanyal, Neeraj Harwil, Neeraj Tiwari and some other persons to Kaladhungi police station. Thereafter Balwant Singh Kanyal was shot in the compound of the police station, who was immediately taken to Haldwani for treatment but died in the way to the hospital. The FIR of the murder of Balwant Singh Kanyal was lodged by Sher singh, his brother-in- law on 23.8.2009 at 5.25 pm with PS Kotwali, Haldwani as FIR No. nil/2009 under Section 147, 148, 149, 504, 302 IPC. This case was transferred to Kaladhungi police station for investigation as the incident was related to PS Kaladhungi and it was entered into GD at PS Kaladhungi at GD rapat no. 10 at 6.15 pm on the same day. On 23.8.2009 at 4.30 pm, Brijmohan Tiwari, Driver, Chandrashekar, Conductor, Charan Singh, Driver and Keshavram, Conductor lodged a report with PS Kaladhungi with the averments that on the same day a bus of Uttarakhand Transport Corporation bearing registration no. UA07M-7769 was coming to Haldwani from Ramnagar and when it reached at 2 village Chakluva at about 9 am, a mob comprising of unknown persons ransacked the aforesaid bus and set it on fire. Driver Brijmohan Tiwari and Conductor Chandrashekhar ran away from the spot in order to save their lives. Likewise another bus of Rishikesh Depot bearing registration no. UK07DA-0373 was also damaged and was also put in fire at a distance of nearly two kilometers from Kaldhungi by unknown miscreants. With these averments, an FIR No. 46/2009 under Section 147, 336, 427, 436 IPC, Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act was registered with PS Kaladhungi against unknown persons. Thereafter on 23.8.2009 at about 9 am, police received an information that some people have blocked the highway near the village Chakluva in protest of the murder of Balwant Singh Kanyal. On this information, Harish Chandra Sati, CO, Ramnagar, SI Sunder Singh Rawat and SHO, Ramnagar reached at the place of occurrence along with police force, where about 500-600 people had assembled which was being led by the accused applicant and another co-accused Ramesh Kanyal, Jaman Singh Bora, Bhupal Rawat @ Bhupal Singh Rawat, Virendra Chandra @ Munna Driver, Pushkar Singh Mehta @ Pushkar Chowminwala and some other co- accused persons. These people were identified by the police. These people were armed with lathi, danda, sickle, axe, pistol and canes of petrol and kerosene oil. They were raising slogans and were also abusing the police. Circle Officer tried to make them understand but they remained adamant and became violent. Carbine of Head Constable Kishore Tiwari was snatched. The mob attacked the police party in which many police personnel including the complainant received injuries. A bus of roadways was also set on fire by the mob. With these averments FIR No. 47/2009 under Section 147, 148, 149, 397, 336, 427, 341, 332, 333 IPC, Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act was lodged with PS Kaladhungi by SI Sunder Singh Rawat on 23.8.2009 at 5.10 pm. Thereafter the Station Officer of PS Kaladhungi received an information about 9 am that a mob have collected at Chakluva and Harish Chandra Sati, Circle Officer has informed that the mob had become aggressive and they were misbehaving with the police personnel and also beating them. It was also informed that carbine of Kishore Tiwari was snatched by the mob and a 3 roadways bus was burnt and they were planning to burn the police station and were marching towards the police station. On this information, the S.O. collected the force in the police station. At about 9.30 am, a mob of 500-600 people which included both men and women armed with pistols, sickles, axes, stones and plastic canes came near the police station. They were shouting against the police and were also hurling abuses. Some of them went towards the back side of the police station. Police was deployed to disburse the mob, on which the mob attacked on the police station. They started pelting stones, firing gunshots. They wanted to kill the police personnel and their family members and also wanted to burn the entire police station. The mob was being led by the applicant accused and other co-accused, viz., Ramesh Kanyal, Jaman Singh Bora, Bhupal Rawat @ Bhupal Singh Rawat, Virendra Chandra @ Munna Driver, Pushkar Singh Mehta @ Pushkar Chowminwala and some other co-accused persons, who were identified by the police personnel being known to them. The Station Officer tried to calm down the mob but they became violent and forcibly entered into the office of the police station, its malkhana, computer room, residential quarters of the police officials, ladies barrack and started looting. They set on fire the police station and the vehicles parked inside the police station by pouring petrol and kerosene oil. Water cannon was also used by the fire brigade to disburse the mob but the mob could not be stopped. Thereafter the Station Officer and Head Constable Satyendra Gigola fired three rounds each to disburse the mob and then the mob came on the road outside the police station. Police force from other police stations started arriving at Kaladhungi police station and the mob continued to ransack the vehicles of police parties, which were coming to the said police station. Meanwhile, Pooran Lal Day, Head Constable Promoted (HCP) was badly beaten by the accused applicant and the other co- accused by lathis, dandas and stones in front of the police station and he died on the spot. The official vehicle of SP (City) was burnt. The mob also misbehaved with DM and SSP. In self defence and in order to protect the public property, necessary force was used by the police to disburse the mob. The injured police personnel were sent to hospital for medical treatment. 4 It was also averred that the mob attacked the police officials using illegal arms and created great havoc and terror in the area. With these averments the FIR No. 48 of 2009 was lodged by Station Officer Ramkishor Saklani on 23.8.2009 at 5.40 pm. It is pleaded on behalf of the accused applicant that no specific role has been assigned to him and he has been falsely implicated in this case. It was a mob reaction due to resentment in the local public on account of murder of Balwant Singh Kanyal, Block Pramukh. Contrary to the above, learned GA for the State argued that all the incidents were planned and accordingly, the accused applicant along with other co-accused persons first caused injuries to police personnel including SI Sunder Singh Rawat and Head Constable Kishore Tiwari at Chakluva. Carbine of HC Kishore Tiwari was also snatched, which was recovered on 31.8.2009 from the possession of co-accused Balwant Singh @ Balli. HC Kishore Tiwari received as many as 9 injuries in the said incident. SI Sunder Singh Rawat was also injured and his official dress was burnt by the accused applicant and other co-accused after making him naked. He further argued that the accused applicant and other co-accused were leading the mob, which attacked the Kaladhungi police station and looted it. They also burnt the important records of the police station and beaten the police personnel. The mob also intruded into the official quarters of the police personnel and looted various articles and also beaten their family members. The official vehicles as well as the personal vehicles of the police officers were damaged and many of them were burnt. In the incident, Constable Ram Sah received four injuries, SI Shyam Singh Phartiyal received five injuries, Constable Abrar Hussain received four injuries, Constable Mohan Chandra received 3 injuries, SI (LIU) Hemant Ram Tamta received five injuries, SI (LIU) Mahendra Rautela received 6 injuries, SI (LIU) Hemant Kumar Bhatt received three injuries, Station Officer RK Saklani received four injuries, Harish Chandra Sati, Circle Officer, Ramnagar received five injuries, SI (LIU) Bhagwat Singh received five injuries and SI(LIU) Suresh Chandra received five injuries. Many other 5 police personnel also received injuries. HCP Pooran Lal Day was murdered. Learned GA for the State further argued that accused applicant has committed a heinous crime and he is named in the FIR. He further argued that it was a planned attack on the police station and on the lives of the police officers and officials who were discharging their official duties. He further submitted that the incident was also captured in the camera. He also produced the CDs and photographs of aforesaid incidents. Learned GA for the State vehemently argued that all the incidents were premeditated, deliberate and well thought out and were done with the intention to damage the public property, police station, to kill the police personnel and with intention to create havoc and terror in the area, which almost paralyzed the law and order in the area and the normal day-to-day lives of the people. Having heard the submissions of learned Counsel for the parties; perusal of the contents of all the aforesaid FIRs, medical reports of the injured and other papers available on record; footage of video CD/photographs produced in the Court and the facts and circumstances of these cases reveal that it was a heinous crime in which a police official, viz., HCP Pooran Lal Day was murdered and many of them got injured. Public property and the police station were damaged, official vehicles of police, roadways buses and also the personal vehicles were damaged and set on fire. Normal life came to a halt in the area. Law and order was taken into hand by the miscreants. Applicant has also been named in the FIR. Keeping in view all the aforementioned facts and circumstances, gravity and seriousness of the crime, the Court is of the view that a prima facie case is made out against the applicant accused and, therefore, no case for bail is made out. Accordingly, the bail application is hereby rejected. (Dharam Veer, J.) 10.9.2010 PRABODH