YUVRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first bail application under Section 439 of Cr.P.C. in connection with Crime No.23/2020 registered at Police Station - Shujalpur City, District-Shajapur under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 307, 353, 333 of IPC.

(2.) Prosecution case in brief is that along with Constable Harikishan, Rakesh, Rajesh and Mahesh Tiwari, Inspector B.D. Beera of Crime Branch-Vidisha was on patrol duty. They were later joined by Head Constable Pawan Jain of Cyber Cell. During patrol, they received a credible information that Naval Thakur, Yuvraj Thakur (petitioner) Dara Singh Thakur resident of Chowki Nala Vali, Police Station-Akodiya, District-Shajapur were going to sale cannabis (ganja) by 2 motorcycles. The patrolling party called the panch witnesses Saudan Singh and Abul @ Kalla and also informed the higher officials. Due to paucity of time, concerned police station could not be informed. After a short wait, they noticed 2 motorcycles occupied by three persons, two persons on one motorcycle and one on the other. A large plastic bag was kept between the 2 persons. Seeing the police, both motorcyclist turned their motorcycles back and ran away. The police chased them and successfully overtook them near village Patlawad Fata. All three were nabbed and the police also snatched the bag from their possession, but the persons grappled with the police. Suddenly, they took out knife and stabbed Head Constable Pawan on right shoulder, Hari Kishan on back of the head and right thigh, Saudan Singh on right side of neck and left hand and Abul on right cheek and escaped by getting rid off the police and taking advantage of the dark leaving the bag behind. During this scuffle, the police party snatched a knife from Dara Singh. All the injured were taken to Jash Hospital, Shujalpur where corresponding injuries were observed by the doctor. The bag was found filled with about 20 kg cannabis (ganja).

(3.) Learned counsel for the petitioner argued that the investigation in this case is over and charge-sheet has been filed. No test identification parade was conducted during investigation. There is no evidence that the raiding police party or the panch witnesses were acquainted with the accused persons. In the MLC requisition annexed with the charge-sheet, it is mentioned that the injured were assaulted by the unknown persons, therefore, the identity of the accused persons in this case is seriously doubtful.