DHARMENDRA Vs. STATE OF M. P.

JUDGEMENT

(1.) These are the second applications of the petitioners Gaurav and Dharmendra under Section 439 Cr.P.C. for granting bail in crime number 709/2019 registered at the Police Station - City Kotwali, Mandsaur under Section 392 , 365 , 419 , 34 of the IPC.

(2.) First application of petitioner Gaurav was dismissed as withdrawn vide order dated 10.02.2020 passed in MCRC number 5591/2020, while first application of petitioner Dharmender was dismissed on merits vide order dated 24.02.2020 passed in MCRC number 6483/2020.

(3.) According to the prosecution case on 27/11/2019, complainant Umraomal Jain had come Mandsaur to deliver gold jewellery weighing 111 grams at the shop of Sajanmal Gajendra Kumar Mehta from Ratlam. After deboarding the train at Mandsaur Railway Station, when he came out of the platform at 10:30 and was about to take an auto rickshaw, a police constable came and asked him to come with him to Police Station. The complainant tried to contact President of Mandsaur Sarafa Vyapari Sangh, but he did not allow him. At that time, one I-20 car having no number plate arrived there. A person in civil dress came out and both the constable and that person in civil dress forced the complainant to sit in the car but he refused, because it was not looking like an official police car. At the same time one other constable in uniform came on a motorcycle. Both the constables asked him to sit on motorcycle and made him to sit between both of them. They took him near to the police petrol pump via Nahata Chourah. I-20 car also followed them and reached there. leaving the complainant and the other constable sitting behind him, the constable, who was driving the motorcycle left the place. A person came out of the car. Both, the constables stayed on the spot and the person came out from the car, forced him to sit in that I-20 car. He sat beside the driver seat and constable in uniform sat on the back seat. They drove the car through Nahata Chourah, BPL Chourah and reached up to the police control room. The complainant asked them to stop the car at Police Control Room, but they did not stop. He tried to pull the hand break of the car but the person sitting behind him in police uniform restrained him to do so. They further took the car towards Highway via MIT Chourah. The constable sitting behind him snatched his bag, took out gold jewellery and asked him to reveal more jewellery, stating that he had information that he (complainant) had some more jewellery. He also searched his pant, shirts but find nothing. During the search, they were threatening him to keep quiet. After sometime, they stopped the car at Dalouda. The police constable get off the car and disappeared along with his jewellery. The person sitting on the driving seat moved the car and after covering some distance stopped it before Manankheda Toll, took out both SIMs of his mobile and destroyed them and asked him to get off the car. Leaving him on the road, he went off towards Mandsaur. The complainant took a bus and came back to his home at Ratlam, revealed the incident before his family and thereafter lodged the report.