Madhya Pradesh High Court
Deelip Ghuraiya vs The State Of Madhya Pradesh on 2 December, 2014
(Dilip Ghuraiya Vs. State of M.P.) 1 M.Cr.C. No. 10470/2014
02/12/2014
Shri Ravi Dwivedi, Advocate for the applicant.
Shri J.P. Sharma, Panel Lawyer for the respondent/State.
Heard.
This is the first application under Section 439 of the Cr.P.C. for regular bail filed by applicant Dilip Ghuraiya.
The applicant is in custody since 29.09.2014 in connection with Crime No. 719/2014 registered at Police Station Bahodapur district Gwalior for the offence punishable under Sections 382, 395, 398 of IPC and Section 11/13 of MPDVPK Act.
As per prosecution, on 06.09.2014 at about 03:00 AM at house No. B-1115, Sagar Tal Road, Anand Nagar, Bahodapur, complainant Ramdinesh Rajput was sleeping at his home alone. When he heard people walking on the stairs, he got up and saw a person coming down on the stairs. He was caught by him. Another person came to the house and pointed a gun. Two different persons also entered the room. All four persons muffled their face. These persons took away his motorcycle registration card, three ATM cards, one mobile valued rupees ten thousand and the key of his motorcycle bearing No. MP07 MF 9542 kept on the bed and open the lock and tried to take away the motorcycle. When the complainant tried to stop them, he was thrown on the bad and his face was tied with blanket and his legs were tied with shirt and his hands were tied with muffler. They fled with the his motorcycle and the above mentioned goods. On 06.09.2014 at about 06:10 AM, complainant lodged the report.
On behalf of the applicant, it is stated that the applicant is innocent. He is not named in FIR. The complainant had stated that all (Dilip Ghuraiya Vs. State of M.P.) 2 M.Cr.C. No. 10470/2014 four persons were muffled their faces and the TIP was conducted at a later stage on 31.10.2014. It is also argued that when the applicant was arrested on 29.09.2014, his photo was affixed and the TIP has been influenced thereby.
On behalf of the State, the application is opposed on the ground that a country made pistol, one live cartridge and rupees two hundred have been seized from the applicant Dilip. A motorcycle and rupees three hundred have been seized from Mangal Singh. A mobile and one hundred fifty rupees have been seized from Parmal Singh.
During the course of the arguments, it is also stated by the learned counsel for the applicant that memorandum was prepared on 28.09.2014 and the seizure memo was prepared on 29.09.2014 and on 29.09.2014, he was arrested.
On perusal of the memorandums of Dilip Singh, Mangal Singh and Parmal Singh were prepared on 28.09.2014 at 21:50 PM, 22:20 PM and 21:50 PM respectively. The seizure memorandums of Dilip, Mangal Singh and Parmal Singh were prepared on 29.09.2014 at 07:15 AM, 09:30 AM and 09:00 AM respectively. The arrest memorandums of Dilip, Mangal Singh and Parmal Singh were prepared on 29.09.2014 at 07:30 AM, 09:50 AM and 09:20 AM respectively.
Keeping in view the above and the circumstances prevailing in this case, it is not appropriate to enlarge the accused/applicant on bail on the basis of technicality only, therefore, this application is dismissed.
(S.K. Palo) Judge Abhi*