Vishwanath Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 5230 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 29 th OF MARCH, 2023
                                           MISC. CRIMINAL CASE No. 1299 of 2023

                          BETWEEN:-
                          VISHWANATH SHARMA S/O RAMAKANT SHARMA,
                          AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURE
                          R/O VILLAGE JHIRIYA, POLICE CHOWKI KESHWAHI,
                          POLICE STATION BUDHAR DISTRICT SHAHDOL (M.P.)

                                                                                            .....APPLICANT
                          (BY SHRI BRIJESH MISHRA - ADVOCATE)

                          AND
                          STATE OF MADHYA PRADESH THROUGH                        P.S.
                          BHALUMADA DISTRICT ANUPPUR (M.P.)

                                                                                         .....RESPONDENT
                          (BY SHRI VIJAY SONI - GOVT. ADVOCATE )

                                This application coming on for admission this day, the Court passed
                          the following:
                                                              ORDER

Shri Shekhar Sharma, brother and Ms. Ritu Sharma, sister of the

applicant are also present in person.

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 26.10.2022 in connection with Crime No.564/2022 registered at Police Station Bhalumada, District-Anuppur, for the offence punishable under Sections 8/20-B of NDPS Act.

A s per prosecution, the applicant was caught at around 2.35 PM on

Signature Not Verified 27.10.2022 carrying 28.5 kg. of Ganja. This application has been filed alleging Signed by: JITIN KUMAR CHOURASIA Signing time: 3/29/2023 5:51:56 PM

that the applicant has been falsely implicated. He was picked up from his home at around 9 PM on 26.10.2022 by 3-4 persons in plain clothes and his arrest was shown on the next day. On affidavit, it has been contended that the family members (brother, sister and wife) of the applicant called the Bhalumada police station as well as Keshwahi Chowki a number of times, but they were not given any information, hence, a complaint in CM Helpline was made on 27.10.2022 at 9 AM. Shri Shekhar Sharma, brother of the applicant has stated that he sat outside the Bhalumada police station for three hours in the night, but he was not permitted to enter the police station nor any information was supplied to him. List of call details showing that the phone calls were made to S.I. Sumit

Kaushik, Constable Mahesh Kumar Patel, ASI Komal Arjariya and copy of the complaint made to CM Helpline has also been filed to substantiate their claim.

The learned counsel for the State was directed to verify the list of phone numbers and the complaint filed in the CM Helpline and also to produce the CCTV footage of 26th and 27th of October, 2022 of Bhalumada police station. Pursuant to which a report was submitted that the CCTV footage is not available as on those days the server was under repair. The report further mentions that the complaint in the CM Helpline has been closed to the satisfaction of the applicant's sister Ms. Ritu Sharma/complainant on 07.11.2022. This fact has been vehemently denied by the complainant Ritu Sharma present in the Court.

Ms. Ritu Sharma made a statement in the Court that one policeman came to her house at 10 PM in the night when she was all alone. She was threatened by him to take back her complaint else she and her family members will be taken into custody and they will also have to suffer dire consequences. It is Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/29/2023 5:51:56 PM

stated that under such threat she was forced to call the the CM Helpline to close the complaint. In view of the statement of Ms. Ritu Sharma, the concerned police personnel were directed to appear before the Court, pursuant to which S.I. Sumit Kaushik, S.I. Subhash Dubey, ASI Komal Arjariya, ASI Kamlesh Singh Chouhan Constable M.K.Patel and SHO Ajay Singh Pawar appeared before this Court.

S.I. Sumit Kaushik, ASI Komal Arjariya and Constable M.K.Patel have verified that they received the phone calls from the brother of the applicant on 26.10.2022 between 9 PM to 1 AM. SI Sumit Kaushik stated that he was on leave on 26.10.2022, he, therefore, advised the brother of the applicant to contact the concerned police station. He further pointed out that the complaint in CM Helpline was dealt with by S.I. Subhash Dubey as per report produced in the Court.

S.I. Subhash Dubey has submitted a written statement showing that he w a s posted at Police Chowki-Keshwahi, PS-Budhar till 10.09.2021, and thereafter posted at PS-Kotwali till 21.01.2023 vide order of S.P., Shahdol dated 05.09.2021. According to Subhash Dubey, he was not posted at Police Chowki- Keshwahi on the date of incident, instead S.I. Lal Bahadur Tiwari was posted at Police Chowki- Keshwahi, who looked into the matter of complaint made in the CM Helpline. It is stated that his mobile number is still reflected in

the complaint as the mobile number of new Incharge Sunder Lal Tiwari and Lal Bahadur Tiwari was not updated on the portal. Subhash Dubey has claimed that the entire proceeding regarding the complaint made in CM Helpline was done by Shri L.B.Tiwari and the complainant Ritu Sharma herself has taken back the complaint on 07.11.2022 and no complaint is pending at present.

S . I. Lal Bahadur Tiwari though not present in the Court, but has Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/29/2023 5:51:56 PM

submitted his statement/representation through the Government counsel which is also taken on record. According to this S.I., he has not visited the house of complainant nor threatened them in any manner. He has rather put the entire blame on one R.Mahesh Patel (Computer Operator) that he contacted the complainant on mobile and she informed Mr. R.M.Patel that she has already closed the complaint by calling the CM Helpline.

Complaint made in the CM Helpline and in the police station reveals that complainant's brother Vishwanath Sharma was picked up from his home at 9 PM on 26.10.2022,whereas statement/representation of S.I. Lal Bahadur Tiwari shows that complaint was made regarding the applicant being taken away by some persons while he was on his way to home. It is obvious that these persons are not bringing the true facts before the Court and trying to pass on the buck to another.

AS I Komal Arjariya has admitted receiving calls of the complainant's brother and informing him that no officer from Keshwahi Police Chowki had gone to arrest his brother. According to him, he had no knowledge about the incident as the accused was never brought to Police Chowki Keshwahi. Constable M.K.Patel has also verified that he has received phone calls from the complainant on his mobile number 9755016847.

S hri Ajay Singh Pawar, present SHO claimed that they caught the accused at around 2.30 PM in the afternoon of 27.10.2022. His search was made at around 3.25 PM and Kaymi was done on 28.10.2022.

The admission of S.I.Sumit Kaushik, ASI Komal Arjariya and Constable M.K.Patel that they had received the phone calls from the complainant's brother on their mobile numbers in the night of 26.10.2022 gives strength to the claim of

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/29/2023 5:51:56 PM

complainant/applicant that the applicant was picked up from his home on the night of 26.10.2022 and falsely implicated in the NDPS case in the afternoon of 27.10.2022. It is pointed out by learned counsel that earlier also the applicant was falsely implicated in another NDPS case which was registered as Special Case No.300005/2013 in which he was acquitted by the learned trial Court vide judgment dated 28.02.2022.

In view of the aforestated facts that has come on record, prima facie possibility of false implication of applicant in the present case cannot be ruled out. Hence, the applicant is entitled for grant of bail. Resultantly, this application is allowed.

I t is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on all the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Before parting with this order, in view of the facts and the documents that have come on record, as discussed above, it is far fetched that the applicant in anticipation of his arrest on the next day would ask his family members to call the police personnel in the night and to file complaint in the CM Helpline. This is not the first time such a case has come up before this Court. Therefore, I deem it appropriate to direct Superintendent of Police, Anuppur to conduct a fair and and impartial enquiry/investigation into the matter and take appropriate action against the erring officers/policemen posted at Bhalumada Police Station, at the relevant time.

Let a copy of this order be also sent to Supdt. of Police, Anuppur for Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/29/2023 5:51:56 PM

information and compliance.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE jk

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/29/2023 5:51:56 PM