Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15220 of 2018 Applicant :- Constable Sant Ram Meena Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Amit Daga, learned counsel for the applicant and learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged by Shatrunjay Kumar Singh (uncle of deceased) on 25.8.2017 against unknown persons alleging that on 24.8.2017 some one threw Rahul Singh out of compartment of train, he fell down on the railway track (near Mauranipur (Jhansi) railway station) and died on the spot. The case was registered under Section 304 IPC. During investigation, it was found that Rahul Singh (deceased) was travelling in the train without ticket, some dispute arose between M.K. Gupta (TTE) and Rahul Singh, and T.T.E. handed over Rahul Singh to some police personnel, thereafter deceased Rahul Singh fell down from running train, he received five injuries i.e. one lacerated wound and four abrasion, resultantly died. S.I. Smt. Raj Kumari Gujjar, Constable Asha Dekate, Constable Rekha Shukla, Constable Archana Singh, Constable Pinki Yadav, Constable Mukesh Meena and Constable Satram Meena were on duty. They were also indulged in this Crime.
It is submitted by learned counsel for the applicant that co- accused namely Mahila Arakshi Asha Dekate, Arakshi Rekha Shukla, Aarakshi Archana Singh, Smt. Pinki Yadav and Raj Kumari Gujjar have been granted bail by this Court(bail orders produced are taken on record), since role of the applicant is identical and not distinguishable from the role of co-accused, therefore, the applicant is also entitled for bail.
Relevant portion of bail order of Mahila Arakhsi Asha Dekate passed by co-ordinate Bench of this Court is quoted as under:-
"The submissions made by learned counsel for the applicant in support of bail application, could be formulated as below for the brevity:-
(I) The instant criminal prosecution has started rolling after lodging of the F.I.R. against unknown persons by the brother of the deceased Mr. Shatrunjay Kumar Singh, resident of District Kaimur, Bihar, who has lodged this F.I.R. registered at P.S.
G.R.P. Mahoba as Cases Crime No. 410/2017 U/s 304 I.P.C. for the alleged incident of 24.8.17. The F.I.R. was registered on 25.8.17 at 8.10 a.m. in which the informant states that, his nephew Rahul Singh was employed at Delhi in a private company. On 23.8.17 he boarded on train bearing a golden bracelet in his hand and a mobile having double SIM, besides his other belongings. On account of derailment of his train, changed its route and he was coming from Jhansi by Chambal Express. At Railway Station Mau Ranipur Jhansi he after receiving a push/jerk, he fell down from the running train and died on spot. In the F.I.R. it is further submitted that some unknown persons have knowingly pushed him from a running train, consequently he died. The mobile and other belonging were missing. It is further mentioned in the F.I.R. that the place of accident and Railway Station Mauranipur is around 2 Kms.
(II) The entire texture of the case was changed, when one Kuldeep Kumar Sharma, an Advocate of this court, a co- passenger, though without valid ticket after coming to Allahabad has given a written application to G.R.P. Allahabad on 26.8.2017 (Annexure No.6 to the affidavit), which was numbered as Case Crime No. Nil-330/17 U/s 306 IPC, giving a vivid description of the incident. The text of the application in short is; that he was boarded in Chambal Express and occupied Birth No. S2-36 coach unauthorizly and without having valid ticket. Enroute 5 female and 3 male along with one TTE started misbehaving with a passenger and started abusing him. Other co-passengers started taking video recording of the incident. This incident has infuriated the TTE and his accompanying police personnel who were in civil dress. All of them have taken away the mobile phone and started threatening and assaulting the deceased and thereafter that person (the deceased) has jumped from the running train in between Ranipur road and Mahranipur station. The said Kuldeep Kumar Sharma, Advocate son of Shiv Kumar Sharma has given written "TEHRIR" at G.R.P. Allahabad which was registered U/s 306 I.P.C. and in his 161 Cr.P.C. statement too he has swelled the incident after giving more serious texture to the incident.
(III) Ld. counsel for the applicant has drawn the attention of the court to Annexure No. 21, an application given by Shri M.K. Gupta, TTE, addressed to ON DUTY RPF running in Chambal Express, intimating him that a passenger is traveling in S2 coach without having any valid ticket or authorization nor he is ready to purchase a ticket after paying the penalty and getting his journey validated nor he is disclosing his name and identity.
(IV) Responding to the said intimation, the Sub Inspector Raj Kumari Gurjar RPF traveling in Chambal Express has intimated by giving a written application on 24.8.17 to incharge Police Station Mauranipur that during the journey she has received an application from Shri M.K. Gupta TTE of S2 coach that a person who is neither having a valid ticket nor purchasing the ticket nor disclosing his identity. When the police personnel tried to over power him, that passenger in order to save him from the clutches of the police and other expected humiliation sneaked away and since the next station was barely 2 Kms. far and naturally the speed of the train was comparatively slow, miscalculated and jumped away from the running train, causing his death.
(V) The learned counsel for the applicant submits that the present is purely an unfortunate an accidental case in which an innocent passenger in order to save him from the expected humiliation from the running RPF squad, has jumped from running train and lost his life. The police personnel have got no motive or intention or valid reason to push the deceased from the running train.
(VI) Per contra, Shri Sher Singh vehemently argued and opposed the bail application, mentioning therein that though the RPF after investigation has submitted the charge sheet but challenging the charge sheet, an SLP was filed by the wife of deceased Ms. Jyoti Singh bearing Writ Petition (Crl. No. 187/2017) in which the petitioner Jyoti Singh prayed that the matter may be referred to CBI or some independent agency to investigate. Entertaining the above writ petition, the Hon'ble Apex Court has issued notices to the opposite parties for their reply.
(VII) In the counter affidavit, swown by Shatrunjay Kumar Singh has filed counter affidavit, annexing CA-1, which is a memo given by Chabhiman (Keyman) Bhagwan Das that he has seen a dead body of a person over the railway track in between poll nos.:- 1186/8 to 1186/9. The learned counsel for the complainant laid much stress on the story narrated by Shri Kuldeep Sharma, Advocate who stated the story of 5 female constables, 2 male constables and a TTE, stating therein that the time of incident is 24.8.17 at 2.00 P.M. Sri Kuldeep Sharma, Advocate twittered the incident the then Rly. Minister, narrating the whole story.
(VIII) Responding to the twitter sent by Kuldeep Kumar Sharma, the Union Railway Minister has ordered for an enquiry. The enquiry report is annexed as Annexure No. 23 and Shri R.S. Meena, Addl. Chief Security Commissioner, RPF Allahabad vide report to Director General, RPF, Railway Board, New Delhi dated 11.9.17 after holding an in-depth probe of the entire issue, has given a categorical finding in paragraph no.10 that the deceased (Rahul Singh) died due to an effort made by him to sneak away from the clutches of the police personnel. It is further mentioned in the said report that the aggrieved party is using all channels including the social media, Whatsapp, Face book and other electronic media to put tremendous pressure on the investigation, there is no evidence surfaced so as to corroborate the allegation made by Advocate, Kuldeep Kumar Sharma enrolling the applicant in any criminal activity or her involvement in the crime.
(IX) Be it so, that an effort is being made by the deceased to escape himself and in this process, he lost his life, prima facie. It is case for bail to the applicant.
(X) The applicant is a Govt. servant, there is no chance of tempering the evidence or flee away and as such I am of the opinion that let the Mahila Arakshi, Asha Dakate be released on bail in the aforesaid case crime number. The bail application stands allowed with the following conditions:-"
It is further submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There was neither intention to kill nor accused had knowledge about death. Applicant is a Government servant, there is no chance of absconding. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 13.12.2017 (more than four months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the applicant further submitted that bail order of Mahila Arakshi Asha Dekate was passed after considering the detail argument made by learned counsel for the complainant which covered every aspect of the case.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of the applicant is identical to co-accused Mahila Arakshi Asha Dekate who has been enlarged on bail.
Learned counsel for the complainant opposed the prayer for bail and submitted that since the role of the applicant is distinguishable with the role of co-accused Arakshi Asha Dekate, the applicant is not entitled for bail on the ground of parity. It is further submitted that hot talk occurred in between police personnels and Rahul Singh (deceased) as he was making video, hence they threw Rahul Singh (deceased) on the railway track. One advocate Kuldeep Sharma stated that at the time of incident deceased had Rs. 2400/- in his pocket, he could have deposited penalty in lieu of ticket. Mobile phone of deceased was snatched by police personnels and they threatened him.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Constable Sant Ram Meena involved in Case Crime No. 410 of 2017, under Sections 304, 323, 504, 201/34 IPC, Police Station G.R.P. Mahoba, District Mahoba be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.4.2018 P.P.