Vishal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3796 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.12559/2022
                 (VISHAL VS. STATE OF M.P.)

Gwalior, Dated : 16/03/2022

      Shri S.S.Rajput, learned counsel for the applicant.

      Shri Naval Gupta, learned counsel for the State.

      Case diary is available.

      In    compliance    of     the   order   dated   14/03/2022,   the

Superintendent of Police, Guna has filed his affidavit but the contents

of the affidavit are also shocking.

      Paragraph 10 and 13 of the affidavit reads as under:-

             "10. That, upon the aforesaid information, the
      I.O. Informed the complainant to come near the bridge
      for identification of the alleged accused persons.
      Thereafter, the aforesaid doubtful persons, who were
      sitting near the bridge, were encircled and the
      complainant identified them.
             13. That, it is also most respectfully submitted
      that, the Test Identification Parade (TIP) of the
      accused persons would be conducted by the brother of
      complainant before filing of the charge sheet in
      accordance with law."

      The police authorities must realize that holding the Test

Identification Parade at the earliest is necessary. A very vague reply

has been given that the TIP would be conducted by the brother of the

complainant before filing of the charge-sheet. Thus, it is clear that the

police is not interested in conducting the TIP of the applicant.

      Be that whatever it may be.

      The manner in which affidavit has been filed, it clearly

indicates that either the police has prepared a false case against the
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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.12559/2022
                (VISHAL VS. STATE OF M.P.)

applicant with a malafide intention or even the police authorities do

not know the law.

       Be that whatever it may.

       For the above mentioned circumstances, this Court cannot keep

the applicant in jail for indefinite period.

       This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

       The applicant has been arrested on 18/02/2022 in connection

with Crime No.103/2022 registered at Police Station Kotwali,

District Guna for offence under Sections 294, 327, 506, 427, 148 and

149 of IPC.

       According to the prosecution case, the complainant had some

dispute with the owner Nanakhedi Petrol Pump and the complainant

and on the said issue, some unknown persons came to the house of

the complainant and started abusing him and also demanded money

for purchasing the liquor. When it was refused by the complainant

Rahul then one person threw stone causing injury on the hand of

Rahul. The other accused persons were having lathi, danda and farsa

and, accordingly, gate of the house as well as Alto car parked outside

the house was damaged. All the co-accused persons threatened Rahul

that in case, if FIR is lodged, then he would be killed. When

neighbour Nandkishore Bhargava tried to intervene in the matter,
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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.12559/2022
                (VISHAL VS. STATE OF M.P.)

then glasses of Venue car were also broken. It is submitted that

although the applicant is in jail from 18/02/2022, but no Test

Identification Parade has been conducted.

      The name of the applicant is neither mentioned in the FIR nor

in 161 of Cr.P.C. statements of any of the witnesses. The police is not

interested in holding the TIP. Accordingly, it is submitted that further

custody of the applicant is unwarranted and he may be granted bail.

The Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

      Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted that the applicant has a criminal

history and 10 more criminal cases have been registered against him

but the State counsel fails to explain that on what basis the applicant

has been taken into custody specifically when his identity has not

been disclosed at any stage of investigation and the police is also not

interested in holing the TIP. However, it is submitted that there is

nothing in the case diary to show that the accused was identified to

complainant. It appears that the police is not interested in holding the

TIP of the applicant at the earliest.

In view of the contention of the counsel for the State that the

diary does not contain any document to show that the applicant was

identified by complainant, it is clear that the Superintendent of

THE HIGH COURT OF MADHYA PRADESH MCRC No.12559/2022 (VISHAL VS. STATE OF M.P.)

Police, Guna has also filed his affidavit in a most casual manner even

without looking at the diary.

Considering the period of detention as well as considering the

facts and circumstances of the case, without commenting on the

merits of the case, the application is allowed. It is directed that the

applicant be released on bail on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like

amount to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Let a copy of this order be forwarded to the Director General

of Police, State of M.P. for necessary information.

Certified copy as per rules.

                                                                        (G.S. Ahluwalia)
Pj'S/-                                                                        Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.16
         17:07:15 -07'00'