Madhya Pradesh High Court
Danish vs The State Of Madhya Pradesh on 4 March, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 4 th OF MARCH, 2024
MISC. CRIMINAL CASE No. 9138 of 2024
BETWEEN:-
DANISH S/O RAKESH ARORA, AGED ABOUT 25 YEARS,
OCCUPATION: BUSINESS R/O CRPF ROAD DISTICT
NEEMUCH (MADHYA PRADESH)
.....APPLICANT
(BY SHRI AJAY KUMAR MISHRA, SENIOR ADVOCATE WITH SHRI RITVIK
MISHRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION NARAYANGARH,
DISTT. MANDSAUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY RAJ GUPTA - P.L.)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application under Section 438 of Cr.P.C for grant of
anticipatory bail in connection with crime No.18/2024 dated : not mentioned,
registered at P.S. - Narayangarh District - Mandsaur for offences punishable
under Sections 467, 468, 471, 120-B of IPC.
2. As per prosecution case, On / 5/2023 police intercepted a car bearing
registration no. MP43C2562. The driver of the vehicle revealed his name to be
Krishnapal Singh S / o Rajendra Singh Chandrawat, and person accompanying
him in the car introduced himself as Udaysingh S/o Dalpat Singh Rathore. On
inspection, there was found 70.80 bulk Itrs. of liquor kept inside the car. Both,
the persons disclosed to have purchased liquor from some "Danish Bhai" of
Neemuch. Police Station Narayangarh, registered Crime No. 162/2023 against
Krishnapal Singh, Udaysingh Rathore & Danish (with no details disclosed by
the arrested persons sufficient to identify said Danish). At the instance and
identification of arrested persons viz. Krishnapal Singh and Udaysingh Rathore,
house of accused Danish was located and tasdeek panchnama was drawn. The
third accused was identified to Danish Mewati S/o Alladin Mewati, resident of
Neemuch. In Crime No. 162/23 accused persons Krishnapalsingh and
Udaysingh were granted regular bail by this Hon'ble Court vide order dated
25/5/2023 passed in MCRC No. 22486/23. Whereas accused - Dinesh Mewati
was granted anticipatory bail by the Hon'ble High Court of Madhya Pradesh, by
order dated 16/8/2023 passed in MCRC No. 36087/2023. Police after
completing investigation submitted charge-sheet in the court of concerning
JMFC, Narayangarh, District Mandsaur on 25/7/2023 and learned JMFC,
Narayangarh took cognizance against the accused persons under Section 190 of
Cr.P.C.
3. Counsel for the applicant submits that after the charge-sheet was filed
in the said case, the Magistrate entertained a complaint without any affidavit
under Section 156(3) of Cr.P.C and directed the police to make an
investigation. On the basis of said report the present FIR has been registered. It
is argued that the Magistrate erred while entertaining the complaint/application
under Section 156(3) of Cr.P.C filed without an affidavit which is contrary to
the law laid down by the Apex Court in the case of Priyanka Srivastava vs.
State of U.P. reported in (2015) 6 SCC 287 and followed in subsequent
judgment in the case of Babu Venkatesh vs. State of Karnataka reported in
(2022) 5 SCC 639.
4. Counsel for the State fairly submits that in the enquiry conducted by
the S.S.P,Satnam Singh, nothing has been found against the present applicant
and the I.O has failed to delete the name of the applicant. It is also admitted that
no notice under Section 41 (A) of Cr.P.C as required by the judgment passed
by the Apex Court in the case of Arnesh Kumar vs. State of Bihar & Anr.
reported in (2014) 8 SCC 273 has been served to the applicant.
5. After hearing learned counsel for the parties and taking into
consideration that initially the Police has filed a case against a different Danish
s/o Allaudin and thereafter the Magistrate on a complaint without affidavit
passed the order for investigation. Even in the investigation nothing has been
found against the applicant. In view of the aforesaid, prima facie case is made
out for grant of anticipatory bail on the following conditions:-
A) That the applicant shall co-operate with the investigation.
B) That the applicant shall surrender his passport before the Trial
Court.
6. It is directed that in the event of arrest, applicant - Danish s/o
Rakesh Arora shall be released on bail on furnishing a personal bond in a sum
of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount
to the satisfaction of arresting officer. The applicant shall further abide by the
other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
7. A typed copy of this order is being forwarded to the Office of the
Advocate General, on their email address, for intimation to the Police Station
concerned.
8. With the aforesaid, the application is allowed and disposed off.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
PK
