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2025 Supreme(Online)(MP) 1223
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV S KALGAONKAR, J
Imran – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 8965/2025
Sanjay Kumar Sharma,Advocate General
Bail may be granted when the applicant shows no compelling reason for continued detention, especially in the absence of prior convictions and direct evidence.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Madhya Pradesh Govansh Vadh Pratished Adhiniyam - Sections 4 and 6 - Arms Act - Section 25 - Bail application filed by applicant in connection with alleged transportation of beef - Applicant in custody since 20.01.2025, claims false implication based on co-accused statements - No incriminating articles recovered from applicant - Court considers socio-economic status and absence of prior convictions. (Paras 1, 2, 3, 4, 5)
(B) Bail - Grant of bail is discretionary and depends on the facts and circumstances of each case - The court must consider the likelihood of the applicant fleeing from justice and the possibility of tampering with evidence. (Paras 6, 7)
Facts of the case:
The applicant is accused of transporting beef and has been in custody since January 20, 2025. The prosecution's case is based on statements from co-accused, with no direct evidence against the applicant. The applicant runs a dairy farm and has family responsibilities.
Findings of Court:
The court finds no compelling reason to continue the applicant's incarceration, considering the lack of prior convictions and the socio-economic status of the applicant.
Issues: The main issues addressed include the applicant's alleged false implication and the adequacy of evidence against him.
Ratio Decidendi: The court ruled that the applicant's continued detention is not justified given the circumstances, emphasizing the need for bail unless compelling reasons exist to deny it.
Result: Bail granted with stringent conditions.
ORDER
This first application has been filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 44/2025 registered at Police Station - Mhow District - Indore(M.P.) for offence punishable under Sections 4 and 6 of the Madhya Pradesh Govansh Vadh Pratished Adhiniyam and 25 of Arms Act . Applicant is in judicial custody since 20.01.2025.
As per the case of prosecution, Tarun Borasi and his associates Shubham Thakurm Rajat Verma and Pulkit Mishra intercepted a Duster Car bearing Registration No. MP42 P 0786 near Kishanganj Checkpost Shakir, Mohsin and Jabbar were found transporting beef in the car. The car and the offenders Shakir, Mohsin and Jabbar were produced before P.S. Mhow, Distt. Indore. On search of the car, beef and other parts of body of cow progeny and three sharp edged knives were recovered. The car, beef and parts of cow progeny alongwith knives were seized from the possession of Shakir, Mohsin and Jabbar. The P.S. Mhow registered FIR for offence punishable u/S 4 & 6 of Madhya Pradesh Govansh Vadh Pratished Adhiniyam and Sec 25 of Arms Act against - Shakir, Mohsin and Jabbar. Accused Shakir, Mohsin and Jabbar in their statements recorded u/S 23(2) of Bhartiya Sakshya Adhiniyam informed that they had been provided beef and parts of body of cow progeny by Imran Khatkhat(applicant). Accordingly, Imran was arrested on 20.01.2025. he is in custody ever since. The investigation is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter merely on the basis of statement of co-accused in police custody. No incriminating article was recovered from the possession of the applicant. The applicant is aged 36 years. He runs a dairy farm and has the responsibility of his family. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence and cites criminal antecedents of the six cases against the applicant.
In reply, learned counsel for the applicant submits that applicant has been acquitted in one of the matter, similar in nature. Other two similar matters are pending for trial. Applicant has never been convicted for any offence.
Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.
The case diary and the material on record reveals that applicant has been implicated on the basis of statement of co-accused in police custody. No incriminating article is recovered from his immediate possession. The veracity of prosecution will be determined after evidence in trial. As per the case diary, the applicant is aged around 36 years and runs dairy farm. He has the responsibility of his family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of previous conviction for any major offence, considering the socio-economic status of the applicant and the complainant, there appears to be no likelihood of tampering with the evidence or influencing the witnesses by the applicant. The trial would take time to conclude. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the case, in the light of aforesaid facts, but without commenting on the merits, this Court is inclined to release the applicant on bail, however, on stringent conditions in view of criminal antecedents. Thus, present application is allowed.
Accordingly, it is directed that applicant - Imran shall be released on bail in connection with Crime No.44/2025 registered at Police Station- Mhow District Indore(M.P.) for offence punishable under Section 4 & 6 of M.P. Govansh
