PHOOL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is the first application for bail under Section439 of Cr.P.C. The applicant has been arrested on 29.12.2014 in connection with Crime No. 165/2014, registered at Police Station Bilaua District Gwalior for the offence punishable under Section 365 of IPC and under Section 11/13 of MPDVPK Act.

(2.) IT is alleged that on 6.10.2014 the complainant Ravindra, along with Lokendra were carrying milk in the motor cycle to be supplied at Gwalior. At about 6 AM at village Bastri near Patpari Jungle, the accused persons namely Bhure singh, Arvind, Raja, Officer, Bhupendra Singh, Phool Singh, Raghuveer, Mukesh, Sirman, Veerbal and Kallu Baghel abducted him and beaten him. They fired firearms while abducting him.

(3.) COMPLAINANT was surrounded by the accused persons, who came out from behind bushes. Accused Sirman inflicted injury by the Butt of the gun, which hit on the right arm of the complainant. He fell down from the motor cycle. Milk, which he was carrying in the cans spread on the ground. The accused Officer twisted Safi (Turban) and used as a noose at the neck of the complainant. Accused Kallu Baghel hit on the back by the butt of the gun. He was taken to the fields. The accused Mukesh and Officer caught the hands of the complainant and dragged him into the Jungle. Accused Veerbal took the gun from Kallu and fired in the air. Accused Sirman also fired in the air. They blind folded him by cloth. The accused Bhupendra and Arvind also tide his hands by Safi (Turban). Complainant was taken to the temple of Rajan. Accused Sirman told to throw the complainant into Kund (Tank), but some passer -by were taking bath. Therefore, he was taken towards a house at a distance of half KM. His blind fold was opened. He was allowed to wash his face. Then they stayed there for some time. When it was getting dark, the complainant was taken to a garden near the temple at village Mohana. The accused Sirman, Kallu, Officer and Raja guarded, him whereas the other accused persons went away. At 10 PM they returned with food. All of them ate and made the complainant to eat Roti with Achar. They unfolded his hands and he was allowed to walk. They reached Lakhanpura at 12 PM. His hands and legs were tide. Every one went to sleep. Next day in the morning at about 6 AM they opened a Safi, in which they kept Boondi (sweet eatable). All the accused ate the Boondi and the complainant was also allowed to eat Boondi. Then he was taken towards Mohana village. Some people of the village came there. The accused Sirman directed all the accused persons to switch off their cell phones. Officer said if he speaks by the mobile phone, the police can trace them. The whole day they remained there. All of them took food which was brought by someone. At the night the abductee was taken to the jungle. He was tide by rope. In the morning there was commotion every one was running here and there. Because police had come. The abductee was left there tide, as they saw some police men coming. Complainant shouted at the police men. He told the police about himself. His rope was untide. The police tried to trace out the accused persons. The complainant was taken to the Police Station, Bilaua.