Madhya Pradesh High Court
Danish @ Shahid vs Police Station on 6 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:5930
1 MCRC-9741-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 6 th OF MARCH, 2025
MISC. CRIMINAL CASE No. 9741 of 2025
DANISH @ SHAHID
Versus
POLICE STATION
Appearance:
Applicant by Shri Sanjay Tiwari - Advocate.
Respondent - State of Madhya Pradesh by Shri Ajay Raj Gupta - Panel
Lawyer appearing on behalf of Advocate General.
ORDER
This repeat (second) bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has
been filed by applicant Danish @ Shahid S/o Raju @ Gondiya for grant of
regular bail, who has been arrested on 15/12/2023 in connection with Crime
No.477/2023 registered at Police Station Jeerapur, District Rajgarh (M.P.)
for commission of offences under Sections 394, 511, 395, 120-B and 397 of
Indian Penal Code, 1860 and also under Section 25 of Arms Act, 1959. His
first application Miscellaneous Criminal Case No.35793 of 2024 has been
dismissed vide order dated 24.08.2024 as withdrawn with a liberty to renew
the prayer either after four months or after the statements of the complainant
and other eye witnesses.
2. Learned counsel for the applicant submits that other co-accused
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-03-2025
10:34:19
NEUTRAL CITATION NO. 2025:MPHC-IND:5930
2 MCRC-9741-2025
Jitendra Singh has been granted bail by this Court vide order dated
02.08.2024 passed in Miscellaneous Criminal Case No.29065 of 2024. The
case of the applicant is similar to the case of co-accused Jitendra Singh.
Loot has actually not been accomplished. He is suffering incarceration since
15.12.2023. Investigation is complete and charge sheet has already been
filed. Custodial interrogation is not required. Final conclusion of the trial
will take considerable long time, therefore, learned counsel prays for
allowing the bail application and for grant of bail.
3. Per contra, learned counsel for the respondent / State has
vehemently opposed the prayer on the ground that along with five criminal
antecedents viz.: – (1) Crime No.248/2018 Police Station Bhawani Mandi,
District Jhalawar (Rajasthan) for offence under Sections 341 and 323 of IPC;
(2) Crime No.202/2019 Police Station Bhawani Mandi, District Jhalawar
(Rajasthan) for offence under Sections 354, 341 and 323/34 of IPC as well as
under Section 7/8 of POCSO Act, 2012; (3) Crime No.351/2020 Police
Station Bhawani Mandi, District Jhalawar (Rajasthan) for offence under
Section 379 of IPC; (4) Crime No.367/2020 Police Station Bhawani Mandi,
District Jhalawar (Rajasthan) for offence under Sections 341, 323, 307,
504/34 and 325 of IPC, 3 (2) (v) of SC ST (Prevention of Atrocities) Act,
1989 and also under Section 25 of Arms Act, 1959; and (5) Crime
No.122/2021 Police Station Bhawani Mandi, District Jhalawar (Rajasthan)
for offence under Sections 420, 327, 342/34 and 394 of IPC.
3.1 It is also submitted that this applicant has been identified in TIP as
the person who was named by co-accused Golu in his disclosure statement
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-03-2025
10:34:19
NEUTRAL CITATION NO. 2025:MPHC-IND:5930
3 MCRC-9741-2025
and they have been identified in CCTV footage also, therefore, learned
counsel prays for dismissal of the bail application.
4. Heard learned counsel for the parties and perused the case diary.
5. In the aforesaid factual backdrop and looking to the audacity of the
applicant to make an attempt to commit a loot along with criminal
antecedents, this Court is not inclined to grant bail to the applicant.
6. Accordingly, the present repeat bail application is dismissed.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-03-2025
10:34:19