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Madhya Pradesh High Court

Arsh @ Mohammad Kaif Khan vs The State Of Madhya Pradesh on 26 August, 2022

Author: Anil Verma

Bench: Anil Verma

                                                 1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                                  BEFORE
                                      HON'BLE SHRI JUSTICE ANIL VERMA
                                         ON THE 26th OF AUGUST, 2022

                                MISC. CRIMINAL CASE No. 27175 of 2022

                          Between:-
                          ARSH @ MOHAMMAD KAIF KHAN
                          S/O ANWAR KHAN,
                          AGED ABOUT 19 YEARS,
                          OCCUPATION: STUDENT
                          R/O: JHANDA CHOWK, NEAR RANGREZWADI
                          MASJID, TEHSIL AND DISTRICT KHARGONE
                          (MADHYA PRADESH)

                                                                              .....APPLICANT
                          (BY SHRI MOHD AMAN KHAN ADV.)

                          AND

                          THE STATE OF MADHYA PRADESH STATION
                          HOUSE OFFICER THROUGH POLICE STATION
                          KHARGONE (MADHYA PRADESH)

                                                                         .....NON APPLICANT
                          (SHRI K.K. TIWARI, GA FOR THE STATE)
                          (SHRI VISHESH JOSHI ADV. FOR THE OBJECTOR)

                      This application coming on for orders this day, th e court passed the
             following:
                                                  ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 8.5.2022 in connection with Crime No.262/2022 registered at P.S. - Khargone (M.P.) for commission of offence punishable under Section 147, 148, 149, 336, 323, 427, 435 & 436 of IPC.

As per the prosecution story, on 10.4.2012 on the date of incident at Signed by: TRILOK SINGH SAVNER Signing time: 26-Aug-22 6:44:13 PM about 6 p.m. on the occasion of the Ramnavmi, rally of Ramnavmi was 2 crossing Talab Chowk, at that time present applicant along with other 50-60 other co-accused persons came there and shouting some religious slogans they started pelting stones, bricks and petrol bomb over the houses of the persons belonging to different religious community. They also shouted that no one will escape alive, set the houses at fire. When complainant Prakash Bhavsar, who is the journalist in local newspaper, was conducting videography of a burning car, then accused persons pelted stones on him, due to which he sustained head injury and blood was oozing out. It is also alleged that present applicant alongwith co-accused persons gathered along with the intention to cause fray and they attacked at the house and shop of Sanjay, destroyed the property belonging to him, some government vehicles and personal property have also been destroyed during the unfortunate incident. Complainant Prakash Bhavsar lodged a complaint at P.S. Khargone. Accordingly offence has been registered against the present applicant and other co-accused persons. On 10.4.2022 in order to bring the law and order under the control, curfew was imposed in the Khargone town.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 8.5.2022. Applicant was not named in the FIR. No specific role or any kind of involvement has been mentioned in the complaint. He is a 19 years old student. He never came out of his house due to fear and was scared for his life after hearing the news of communal riots. Applicant was produced before the Magistrate in other offence but the police did not state anything against him regarding his involvement in the present case. Applicant has appeard in the Signature Not Verified examination in 3 papers and passed out in two papers. Confining him in jail will Signed by: TRILOK SINGH SAVNER Signing time: 26-Aug-22 6:44:13 PM spoil his future. Applicant is a permanent resident of District Khargone.

Investigation is almost over. Hence, he prays that applicant be released on bail.

Learned counsel for the applicant has also placed reliance upon the judgment of the Apex Court in the case of State of Rajasthan, Jaipur Vs. Balchand @ Baliay reported in (1977) 4 SCC 308 and the judgment of this Court in the case of Gazanfarullah and another Vs. State of M.P. reported in 2019 SCC OnLine MP 5877 and in the case of Jugal Kishore Rathore and another Vs. State of M.P. reported in 2015 SCC OnLine MP 4381.

Per contra, learned counsel for the objector opposes the bail application and prays for its rejection by submitting that the offence registered against the applicant is very heinous in nature and relates with the communal violence. Applicant has destroyed the communal harmony, due to which curfew was imposed in the Khargone City, hence the applicant does not deserve for bail.

Learned GA for respondent/State also vehemently opposes the bail application and prays for its rejection by submitting that applicant is having one more criminal antecedent of the similar nature. He was remained in the company of the one co-accused Salim Jhanda, who is a habitual offender. Witness Durgesh has disclosed the name of the present applicant in his statement under Section 161 of Cr.P.C., which was corroborated by the other witnesses. Mother of the present applicant Sharmila has also deposed that her SIM was used by the present applicant. He has also produced the call details, which pertains during the time of the incident.

Perused the case diary as well as the impugned order of the court below. Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties and nature and gravity of allegation.

SAVNER Although present applicant was not named in the FIR but on the basis of Signing time: 26-Aug-22 6:44:13 PM 4 statement of Durgesh, who is eyewitness of the incident, applicant has been implicated as an accused in this present matter. It is also alleged that he was also seen in the videography of the aforesaid incident, therefore, prima facie it is found that there is sufficient prima facie evidence available on record to establish the presence and active participation of the present applicant in the said unfortunate incident of communal violence. It also appears that it was a premeditated conspiracy to aggravate the riots. Applicant has also criminal antecedent of the similar nature, therefore, in view of the gravity and nature of the offence registered against the present applicant, at this stage this Court is of the considered view that the present applicant does not deserve to the benefit of the bail. The citations produced by the present applicant is also distinguishable with the facts of the present case and they are not applicable in the present case.

Accordingly, the bail application filed by the applicant under Section 439 of Cr.P.C. is hereby dismissed.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 26-Aug-22 6:44:13 PM