Prince Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7730 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 11 th OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 14920 of 2023

                          BETWEEN:-
                          PRINCE SINGH S/O DHANANJAY SINGH, AGED ABOUT
                          21 YEARS, OCCUPATION: STUDENT BAHUTI POLICE
                          STATION NAIGARHI DISTRICT REWA (MADHYA
                          PRADESH)

                                                                                     .....APPLICANT
                          (BY SHRI PUSHPENDRA DUBEY - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION   DHUMA DISTRICT SEONI (MADHYA
                          PRADESH)

                                                                                   .....RESPONDENT
                          (BY SHRI SANTOSH KUMAR YADAV - DY. GOVT. ADVOCATE )

                                Th i s application coming on for admission this day, t h e court
                          passed the following:
                                                          ORDER

This is the second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to F.I.R No.336/2022, registered at P.S.- Dhuma, District - Seoni (M.P.) for the offence punishable under Sections 365, 394, 395, 397, 506, 120-B of IPC. He is in detention since 17.11.2022.

2. His first bail application was dismissed for want of prosecution vide order dated 27.03.2023 passed in M.Cr.C.No.7769/2023.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/12/2023 11:25:37 AM

3. As per the prosecution story on 24.09.2022, Manpreet Singh, R/o 130-C, Teesra Mala, Sarthak Home, Kumhari, Bhilai (C.G.) lodged an FIR stating that he drives his own truck - Ashok Leyland bearing registration No. CG-06-GB-8119. On 27.08.2022 he loaded the cow fodder in his truck from Ramasthalam, Andhra Pradesh and proceeded for Satna. On 29.08.2022 almost 30 km away from Rajmundri (Andhra Pradesh) his truck got developed some mechanical snag. He got his truck repaired and proceeded for Satna on 08.09.2022. On 13-14.09.2022 at around 1:12 AM, he crossed Lakhnadon toll. At around 2 AM in the night

when he reached near Shivhare Dhaba at Dhuma there was a drip drop due to which he was driving his truck slowly. Near Petrol Pump, situated ahead of Shivhare Dhaba a car was parked and out of that car 2-3 persons were standing. Some of them flashed a torch towards his truck and gave a signal for stopping the truck. At this, he parked his truck in front of petrol pump. In the meantime, two persons came to him and asked as to what is loaded in his truck and asked him to show all the documents. He showed them the documents. In this process, they both pulled him down from the truck and beat him. Thereafter, they forcibly laid him in the S.U.V vehicle and one of them started his truck and fled away. They had tied his mouth and took him through that vehicle. Next day, they dropped him at Khujraho road near Jhansi. While dropping him from the S.U.V. one of them threatened that if he informed the police, they will eliminate him . Thereafter, they all proceeded towards Chhatarpur and Khujrao road. He had seen the number of S.U.V vehicle it was Mahindra XUV-500 bearing Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/12/2023 11:25:37 AM

registration No.MP-17-CC-1429. His mobile with sim no.8305420376, and purse in which Rs.5000/- along with driving license are kept in the truck. After the incident, he was unwell, therefore, anyhow he reached to his home at Bhilai through bus at around 11-12 PM and narrated entire incident to his son Damandeep and nephew Kamaldeep. As he was not well, he got himself treated at Bhilai and today, reached on the place of incident with his nephew Kamaldeep. Dhaba owner had informed him that the owner of the petrol pump is Jagdish Shivhare and this petrol pump comes under the territorial jurisdiction of Dhuma Police Station, therefore, he has came to lodge the FIR today alleging that unidentified persons have looted his truck - Ashok Leyland - 2014 model worth Rs.12.00 lac. On the basis of narration given by the complainant - Manpreet Singh, FIR was registered.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He was arrested on 06.10.2022 and by that date there was no statement of the complainant on record stating that he can identify the persons who had looted the truck and had taken him in XUV car. It is submitted that on 18.10.2022 a supplementary statement of complainant

was recorded by the police in which it is stated that complainant can identify all the persons who were involved in commission of offence. Permission of Test Identification Parade was obtained from the Magistrate and TIP was conducted on the same day in jail, in which applicant has been duly identified. It is submitted that as he was already arrested on

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/12/2023 11:25:37 AM

06.10.2022, the development which is alleged to have taken place on 18.10.2022, is nothing but manufacturing of concocted story by the police. It is also the submission of the applicant that in this case charge sheet has been filed and submission of charge sheet can be taken as a change in circumstance. For the same, he has placed reliance on the judgment of Hon'ble Supreme Court in the case of Totaram Vs. State of M.P. and another passed in Cr.Appeal No.1010/2023 arising out of SLP (Cri) 2269/23 dated 06.04.2023. It is also the case of the applicant that in this case F.I.R has been lodged almost after 10-12 days of the incident which also makes the entire police story suspicious and doubtful. He further submits that one of the co-accused of the case, namely, Virendra Singh, on the basis of whose memorandum, applicant has been arrayed as accused, has already been released on bail by this Court. Therefore, it has been prayed that the applicant too be released on bail.

5. On the other hand, learned counsel for the State has opposed the grant of bail to the applicant and has submitted that in Test Identification Parade, applicant Prince Singh has been duly identified by the complainant as one of the author of the crime. It is further submitted that glimpse of the XUV-500 bearing registration No.MP-17-CC-1429 and other vehicle have been duly captured in the CCTV footage installed at booth tolls on the road and on the basis of such CCTV footage it was found that persons in those vehicles were involved in commission of offence. He further submits that some of the accused still at large and the looted truck could not be recovered so far. He further submits that there is call details record of

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/12/2023 11:25:37 AM

conversation between Shivanchal Singh and present applicant on the date of the incident. Co-accused Shivanchal Singh is still absconding. Therefore, he has prayed for rejection of bail.

6. I have gone through the case diary and other material available on record. In the case of Totaram (supra) the Hon'ble Apex Court has nowhere held that submission of charge sheet has to be considered as change in the circumstance. In that case, the High Court had called explanation of the concerned judge as to why he has granted bail after dismissal of the bail application from High Court. Thus, the the facts of Totaram (supra) has no application in the facts of present case.

7. In this case applicant has criminal background of one case. In Test Identification Parade he is duly identified as author of the crime by the complainant from whom truck was looted by the applicant and other co- accused and who had kept him as hostage in XUV car. So far as delay in lodging the F.I.R and recording of supplementary statement on 18.10.2022 are concerned, explanation about the same may be taken at the time of trial. However, looking to the facts and circumstances of the case including the gravity of the offence and the fact that the looted truck could not be seized so far and some of the co-accused are still at large, without expressing any opinion on merits of the case, I am not inclined to released the applicant on bail. Consequently, this second bail application is dismissed.

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/12/2023 11:25:37 AM

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/12/2023 11:25:37 AM