Kamal Singh vs State Of Madhya Pradesh

This is second bail application under Section 439 of Cr.P.C in Crime No.243/2019, under Section 395, 307, 353, 342, 332, 365, 427, 147, 148, 149 of the IPC registered at Police Station-Khilchpur, District-Rajgarh Bioara.

First application was dismissed as withdrawn vide order dated 29.08.2019 passed in M.Cr.C No.34217/2019.

According to the prosecution case, the complainant Head Constable Majid Khan of police station Chapikheda was on night petrol duty on 24.07.2019 along with Driver Sainik Ashok Rathore by a highway mobile vehicle. About 03:00 in the night, they were coming back from Sandawata to Chapiheda. Sainik Ashok Rathore informed Head Constable Majid Khan that as per intimation received from Rajput Sir, one silver colour Gama vehicle bearing registration no.MP-04-04-BA-9450 dashed Constable Pappu and Sainik Arun near Dhuakheda Junction and is coming towards Chapikheda. Majid Khan and Ashok reached Chapikheda. They asked dial 100 vehicle to accompany them. Suddenly, they noticed that silver colour Gama vehicle coming at high speed. They tried to stop it but driver did not stop the vehicle and ran away towards Sandawata. At that point of time, Mr. Rajput along with Constable Kamlesh Constable Pappu and Sainik Arun had reached there. They discussed that the Gama vehicle will go towards Bamangaon. Mr. Rajput asked Majid Khan and Ashok to chased the Gama in the direction of Sandawata and he planned himself to apprehend the driver of the offending vehicle via Gogaheda road. Majid Khan and Ashok alongwith Constable Pappu left the place in search of offending vehicle in the direction of village Sandawata. Dial 100 vehicle was going ahead of them. Highway patrol vehicle of Majid Khan reached on Sandawata police outpost. They picked up Constable Prashant and Sainik Vijay with them and following dial 100 vehicle, they reached between Sonkhada and Bamanheda village where Mr. Rajput along with constable Kamlesh and Arun joined them. They informed them that offending vehicle has gone towards the forest. He asked Majid along with Sainik Ashok, Vijay and Constable Prashant to go in search in highway patrol vehicle and asked Driver Mohan of dial 100 vehicle and Sainik Ramcharan to stay there and keep a vigil on the road. Mr. Rajput himself along with Constable Manoj, Kamlesh, Sainik Arun and Pappu proceeded towards the forest in search of the offending vehicle.

After about 20-30 minutes, villagers of Bamangaon Ramgopal, Mukesh, Dropadhi, Rambharose, Krishna, Sushilabai, Kanchan, Giriraj, Badri (petitioner), Rahul, Vishnu, Kamal, Sunil, Suraj along with 8-10 other people having sticks in their hand came on 5-6 motorcycle and assaulted on the staff of dial 100 and started beating them by sticks. Somehow they could save themselves and ran away. At the same time, some people threw chilly powder in the highway mobile vehicle and assaulted on board police personnel Majid and Ashok. They beat them with sticks, took out Rs.65000/- from his back pocket and also snatched their silver ring, mobile etc from Majid and Ashok.

Further they beat them both. They forced them to consume liquor. Mukesh Dangi gave a blow of stick on chest, resulting in fracture in ribs. They threw liquor on their uniform, forced them to take liquor. Ragged their uniform. On the instigation of Mukesh another Mukesh snatched key of the vehicle from Ashok. He pushed him and sit on the driving seat. Asked Ramgopal and Dropati to sit in the middle raw. They kidnapped them stating that they will click their indecent videos. They all planned to take them to their village and ultimately took them to their village, forced them to sit on hard bed, thrashed them, again forced them to consume liquor, hurled filthy abuses. They asked Dropadi to sit between them to click a video. When they resisted, they thrashed them by kicks and fists. They threatened them that in case of their resistance, they will set them on fire. Majid lost his conscious. The police reached on the spot and rescued them and took them to the police station, where Majid lodged report. The case is registered and is under investigation.

The plea of the petitioner is that the police personnel barged into the house of Dropati. They outraged her modesty and tried to rape her. She filed FIR at police station Khichipur under section 354 of the IPC, which is registered at crime no.244/2019. To counter this FIR, the police has concocted a totally false story and register a false case against almost all the villagers and arrested them. It is further pleaded that the petitioner is not named in the FIR. His name was taken by the injured Prashant in his police statement, no specific allegation has been made against him. Only a stick is recovered from his possession. Therefore, he be granted bail.

Looking to the nature of incident, description of the incident, the alleged assault on the police party, the allegation made by the complainant in the FIR as well as in his police statement, statement of other witnesses, I do not find it a fit case to grant bail to the petitioner.

Accordingly, the present petition stands dismissed.