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Madhya Pradesh High Court · body

2011 DIGILAW 561 (MP)

Anandraj Katariya v. State of M. P.

2011-05-06

I.S.SHRIVASTAVA

body2011
ORDER 1. Arguments on the first bail application of the applicant Anandraj Katariya for grant of bail under section 439 of the Criminal Procedure Code heard. 2. It is alleged that the applicant Anandraj Katariya is involved in Crime No. 661/2007 of Police Station Audyogik Kshetra, Dewas, District Dewas registered under sections 302/34, 201, 120B of the IPC and under sections 25, 27 of the Arms Act. 3. According to the prosecution case, on 29.12.2007, the Police Station Audyogik Kshetra, Dewas at 8.40 p.m. received an information that a person is lying injured near Lime Mine, hence police party reached there and rushed the injured to M.G.H. Hospital, Dewas where he was declared dead, hence merg No. 0/07 was registered and thereafter merg No. 88/09 and Crime No. 661/07 was registered. During investigation the deceased was identified as Sunil Joshi. His residence was known as Ashram, which was rented house. Accused Raj @ Harshad Solanki, Mehul @ Ghanshyam @ Maphat, Mohan @ Ramesh and Ustad @ Jayanti were also living in that house. After the incident all these four persons were missing and the articles of the house were found in disturbed condition. The articles found near the dead body were also seized, which were ATM card of ICICI Bank, driving licence, cash, watch and two new SIMs, two old SIMs and two rings. The deceased sustained two gunshot injuries on right temporal and near ear and on the chest and on the left side of mandible gun shot injuries were found, hence it was found that the was murdered with the aid of fire arm. On 30.12.2007 from the house of the deceased situated near Lime Mine one sword, one air-gun, one Nokiya Mobile, one pemphlet, one invoice of Nokiya No. 1208, marriage invitation card, two account books, one photocopy of High School mark sheet in the name of Raj Singh @ Harshad and one photocopy of ration card of Raj Singh @ Harshad were found and seized by the police. 4. During investigation it was found that after the incident Ramcharan Khati reached on the spot and he took out two mobiles, one of white colour and other of sephron colour from the body of Sunil Joshi. 4. During investigation it was found that after the incident Ramcharan Khati reached on the spot and he took out two mobiles, one of white colour and other of sephron colour from the body of Sunil Joshi. One mobile was sold by Ramchandra Kalsagra to Shyam Sahu and by Shyam Sahu to Rakesh Shukla which was seized from him and the papers about the sale and purchase of the mobile were seized from Kailash, Manager of Shyam Sahu. From Ramcharan Khati one SIM was seized which was being used in the white colour mobile and the other SIM which was being used in the saffron colour mobile (its number was 94246007) was destroyed, hence it could not be seized while the other SIM was seized by the police during investigation. 5. It was found that deceased Sunil Joshi was member of RSS and was working as Jila Panchayat in the year 2002. Deceased Sunil Joshi @ Manoj was involved in Ninama murder case of Police Station Manpur, District Indore and he was absconding. Due to this fact he was expelled from R.S.S. Sunil Joshi was having relations with Pragya Singh and Asimanand and he was an active member with them. Since 2006 Sunil Joshi was residing at Dewas and he was known as Guruji also. In the last months of 2006 Dharmesh Shah who was known to Sunil Joshi came to Dewas with his friend Raj Singh @ Harshad Solanki, Mehul @ Ghanshyam @ Mahpat, Mohan @ Ramesh and Ustad @ Jayanti and asked Sunil Joshi to make some arrangement of stay of his friends. These four persons were accused in the Best Backery Case of Police Station Panigate, Gujrat and they were absconding and arrest warrant was issued against them. They were residing with their fake name. Their actual names were Raj @ Harshad @ Rajsingh @ Munna @ Dadi @ Prem, the name of other person was Mehul @ Ghanshyam @ Maphat, the name of third person who Mohan @ Ramesh @ Rinku and the fourth was Ustad @ Jayanti Bhai Gohil @ Mani. Sunil Joshi @ Guruji rented the house of Gabbu Chamar near Lime Mine and he was residing with all these four persons there. Sunil Joshi @ Guruji rented the house of Gabbu Chamar near Lime Mine and he was residing with all these four persons there. Accused Ustad @ Jayanti was working at the shop of Ramcharan Khati and was preparing breakfast, Mohan @ Ramesh was working at Khali Shop, Raj @ Harshad Solanki and Mehul were working as painter and were also working for other contractual works. 6. Sunil Joshi was having income from different sources and he invested the money for gain in different businesses. He invested his money with Ramcharan Khati in the Khali Shop, in the Parmar Photo studio with Yasudev Parmar, in the liquor business with Shivam Dhakad, in the business of Sarapha and Commodity Trading with Anand Raj Katariya. He also obtained the franchise of First Flight Courier with Anand Raj Katariya and Yasudev Parmar in the name of perfect Courier. One Bolero Car was also purchased with Anand Raj Katariya for the business purpose. In this way Sunil Joshi was engaged in the busienss with different persons with the object of earning profit. Sunil Joshi came in contact of Anand Raj Katariya through Pragya Singh. In the year 2006 Sunil Joshi had a dispute with Pragya Singh and, thereafter, in January 2007 Pragya Singh went to Allahabad and became saint and then proceed to Himalaya. In August, 2007, she returned to Delhi for treatment where Anand Raj Katariya and Govind met with her and Anand Raj Katariya lend her Rs. 20,000/- and clothes. At this time Pragya Singh asked Govind to provide a pistol to Anand Raj Katariya. 7. On 14.12.2007, a planning was made for the murder of Sunil Joshi. Its meeting was held at the residence of Pragya Singh at Indore, which was attended by Vasudev Parmar, Anand Raj Katariya, Mehul @ Ghanshyam @ Maphat and Raj @ Harshad Solanki. During the meeting Govind also reached there, hence he was also knowing this conspiracy. In this meeting Raj @ Harshad Solanki was entrusted for the murder of Sunil Joshi, Vasudev Parmar, Mehul @ Ghanshyam @ Maphat and Mohan @ Ramesh were entrusted with the duty to provide information about the activities of Sunil Joshi @ Guruji. Anand Raj Katariya was entrusted to supervise the whole of the scheme and after the murder to bring the accused Mehul @ Ghanshyam @ Maphat, Raj @ Harshad Solanki and Mohan @ Ramesh safely to Indore. Anand Raj Katariya was entrusted to supervise the whole of the scheme and after the murder to bring the accused Mehul @ Ghanshyam @ Maphat, Raj @ Harshad Solanki and Mohan @ Ramesh safely to Indore. Pragya Singh was also knowing the fact that some arms also collected at the house of Sunil Joshi, hence their transportation was entrusted to Mehul @ Ghanshyam @ Maphat, Raj @ Harshad Solanki and Anand Raj Katariya. Anand Raj Katariya was also entrusted for the arrangement of the weapons and to supply it to Raj @ Harshad Solanki which he arranged through Alakh Pandey, who was known to Govind. 8. The object of the murder of Sunil Joshi after the dispute between Pragya Singh and Sunil Joshi was that Pragya Singh was suspecting that Sunil Joshi may surrenderto police due to which the activities of Pragya Singh were to be adversely affected and due to the personal enmity and misuse of fund of economic help the disputed relations had gone bitter, therefore Pragya Singh was not willing that Sunil Joshi should be arrested. Several times she sent massage to Sunil Joshi to leave Dewas and go somewhere but Sunil Joshi was not willing to leave Dewas, hence Pragya Singh wanted to murder Sunil Joshi. During investigation it was also found that since 29.12.2007 Anand Raj Katariya was in contact with Pragya Singh. Pragya Singh was using his mobile He talked with Sunil Joshi also for about 6.41 minutes and thereafter Sunil Joshi also talked with Anand Raj Katariya for about 3 minutes, thereafter four times Anand Raj Katariya talked with Pragya Singh at her mobile. Lastly Anand Raj Katariya talked with Pragya Singh at about 8.15 pm which was off up to 8.54 pm. This is the time in between the Sunil Joshi was murdered. 9. On 11,12 & 13.2.2011 Pragya Singh was interrogated by the police, in which she admitted her contacts with Anand Raj Katariya and Govind and her strained relations with Sunil Joshi. 10. At the time of the incident accused Raj @ Harshad was going on the motorcycle of Ramesh. This is the time in between the Sunil Joshi was murdered. 9. On 11,12 & 13.2.2011 Pragya Singh was interrogated by the police, in which she admitted her contacts with Anand Raj Katariya and Govind and her strained relations with Sunil Joshi. 10. At the time of the incident accused Raj @ Harshad was going on the motorcycle of Ramesh. Seeing Sunil Joshi near Lime Mine Raj @ Harshad Solanki indicated to stop the motorcycle and they also offered lift to the deceased Sunil Joshi and he was also taken on motorcycle, thereafter at a lonely place Raj @ Harshad Solanki indicated to stop the motorcycle and suddenly fired by pistol on the head of Sunil Joshi and thereafter pushed him on the earth and again fired on his chest. Ramesh who was driving the motorcycle ran away due to fear and thereafter Raj @ Harshad Solanki drove the motorcycle and went to the house of Lime Mine where after change of clothes he packed the luggage and again reached the spot to confirm the death of Sunil Joshi. There he said to Ramcharan to run away, thereafter he reached at the shop of Vasudev Parmar where Mehul @ Ghanshyam @ Maphat was waiting for him and with them he again reached the house of Lime Mine and collected two black bags which were containing anns and other articles and went to the house of Dewas Development Authority. There Mohan @ Ramesh was present. Vasudev Parmar also reached there. Anand Raj Katari ya also reached there by his Centro Car. All the articles were placed in his car and thereafter at the instance of Vasudev Parmar car reached at Village Rajoda. There they delivered both bags to his brother-in-law Chandrashekhar and Vasudev Parmar also aligbted tbere and thereafter continuously changing his place and he did not attend the cremation of Sunil Joshi. Ammd Raj Katariya took safely Mohan @ Ramesh, Mehul @ Ghanshyam @ Maphat and Raj @ Harshad Solanki to his flat at Indore. After the death of Sunil Joshi, Pragya Singh reached the house of Sunil Joshi and took one suit case from there, thereafter Pragya Singh called Anand Raj Katariya at her flat. There he remained till 06.01.2008. Ammd Raj Katariya took safely Mohan @ Ramesh, Mehul @ Ghanshyam @ Maphat and Raj @ Harshad Solanki to his flat at Indore. After the death of Sunil Joshi, Pragya Singh reached the house of Sunil Joshi and took one suit case from there, thereafter Pragya Singh called Anand Raj Katariya at her flat. There he remained till 06.01.2008. On 30.12.20 10, companion of Pragya Singh, Neera contacted with Mehul @ Ghanshayam @ Maphat, Raj @ Harshad Solanki, Mohan @ Ramesh and the SIM being used by them was given to Anand Raj Katariya and thereafter they absconded, hence on the basis of the above facts and above offence was registered and the applicant has been arrested. 11. It has been argued by the Counsel for the applicant that the applicant has been falsely implicated in this case. He is a witness in Ajmer Blast Case and his statement under section 164 of the CrPC has also been recorded in that case. Just to create a pressure on the applicant that he should not be hostile in that case he bas been falsely implicated in this case. There was no evidence on this case up to three and half years i.e. 07.12.2010 and the case was closed. On 9.12.2010 Raj @ Harshad Solanki was interrogated by the police who is an accused in Ajmer Blast Case and thereafter his memo was •recorded and information was recorded on the date but nothing has been seized in compliance/ furtherance of this memo. Anand Raj Katariya was having only business relations with the deceased Sunil Joshi, thereafter, he has been falsely implicated in this case. Ramesh on whose motorcycle accused Raj @ Harshad was going and Sunil Joshi was murdered has not been made an accused in this case. There is no evidence to connect the above facts of conspiracy. Witness Govind, Ramesh and other have been examined after near about four years of the incident i.e. on 13.1.20 II while accused Raj @ Harshad Solanki has named Govind in his information but Govind has not been made accused in this case. The statement of Govind is not reliable. Challan has been filed. No weapon has been rccovered in this case. It has further been argued relying in the principle laid down in the' case of State of Kemla v Raneef reported in 2011 Vol. The statement of Govind is not reliable. Challan has been filed. No weapon has been rccovered in this case. It has further been argued relying in the principle laid down in the' case of State of Kemla v Raneef reported in 2011 Vol. 1 Supreme Court Criminal Ruling Page 302 the applicant should be released on bail. Co-accused ' Ramcharan has been released on bail. Trial will take time. Hence, he should be released on bail. 12. Counsel for the respondent has opposed the bail application. 13. Considering the circumstances and after perusal of the case diary and the evidence collected. without commenting on the merits of the case, the bail application is allowed. It is ordered that the applicant Anand Raj Katariya be released on bail upon his furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousend Only) with one surety in the like amount to the satisfaction of the Trial court for his appearance before the said Court on the dates of hearing as may I" fixed in this behalf. M.Cr.C. is, accordingly., disposed of.