Budhram Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3584 MP

                                                                     1
                                     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                  BEFORE
                                                 HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                           ON THE 14th OF MARCH, 2022

                                                  MISC. CRIMINAL CASE No. 9159 of 2022

                                         Between:-
                                         BUDHRAM GURJAR S/O SHRI BABURAM GURJAR
                                         , AGED ABOUT 44 YEARS, OCCUPATION: PRIVET
                                         JOB R/O HOUSE NO. 244 VILLAGE JAONPUR
                                         KAPOOR FACTORY AYANAGAR SAUT NEW DELHI
                                         INDIA (DELHI)

                                                                                                   .....APPLICANT
                                         (BY SHRI S.K TIWARI, ADVOCATE)

                                         AND

                                         THE STATE OF MADHYA PRADESH THROUGH
                                         POLICE   STATION    NAOGAW     DISTRICT
                                         CHHATARPUR M.P. (MADHYA PRADESH)

                                                                                                 .....RESPONDENT
                                         (BY SHRI RAJESH CHAND, GOVERNMENT ADVOCATE)

                                       This M.Cr.C. coming on for admission this day, the court passed the
                                 following:
                                                                      ORDER

Shri S.K. Tiwari, learned counsel for the applicant.

Shri Rajesh Chand, learned GA for the respondent-State. Heard with the aid of case diary.

This is the first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Budhram Gurjar was arrested on 07.08.2021 in connection with Crime No.372/2021, registered at P.S. Naogaw District Chhatarpur for the offences punishable under Sections 395, 397, 419, 420 170, 465, 467, 468, 471, 171, 120B of IPC.

As per the prosecution story, on 06.08.2021 at around 8:30 PM applicant Budhraj and other co-accused persons Avinash, Devendra, Dharmendra, Siddh Pal and Devendra Singh armed with pistol came to the office of Jackpin Beverges Ltd. located at Naogaw and looted Rs.2 Lakh from the possession of complainant Nikhil Bansal, Director of the said company on the point of gun and also took Signature Not Verified SAN

D.V.R. of the CCTV camera fitted in the factory premises. Digitally signed by MANOJ NAIR Date: 2022.03.14 16:52:43 IST

Learned counsel for the applicant submits that the applicant is innocent and

has falsely been implicated in this case. It is further submitted that the name of the applicant is not mentioned in the FIR. Police falsely implicated the applicant in the crime. Though it is alleged that complainant identified the applicant in the test identification parade but that test identification parade has not been properly

conducted. So on the basis of that identification parade, no inference can be drawn against the applicant that he is involved in the crime. The applicant has been in custody since 07.08.2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail. In this regard, he also placed reliance on Bombay High Court judgment passed in the case of Sayed Mohammed Owais vs. State of Maharashtra, in Cr.A. No.3/1987.

Learned counsel for the State opposed the prayer and submitted that the complainant identified the applicant in test identification parade and the police also seized hard disk of CCTV camera fitted in the factory premises from the possession of the applicant, so he should not be released on bail.

The judgment of Bombay High Court passed in the case of Sayed Mohammed Owais vs. State of Maharashtra, (supra) as relied by the learned counsel for the applicant do not assist the applicant because in that case, the single Bench of Bombay High Court at the time of judgment after evaluating all the prosecution evidence found that the test identification parade is not reliable while in this case evidence has to be recorded by the trial Court. Even police also seized looted property (hard disk of the CCTV camera from the possession of the applicant), so the aforesaid judgment do not help the applicant.

Looking to the facts and circumstances of the case, the gravity of offence and the fact that complainant identified the applicant in the test identification parade and police also seized hard disk of the CCTV camera from the possession of the applicant, this court is not inclined to grant bail to the applicant, at this stage.

Hence, the M.Cr.C. is rejected.

Signature Not Verified (RAJEEV KUMAR DUBEY) SAN JUDGE mn Digitally signed by MANOJ NAIR Date: 2022.03.14 16:52:43 IST