The Madhya Pradesh High Court has granted bail to a tenant accused in a rent-related dispute, while sharply criticising the investigating agency for misusing its powers by invoking provisions relating to “organised crime” without any supporting material.
Justice Ramkumar Choubey was hearing the first bail application in connection with an FIR registered at Moghat Road Police Station, Khandwa, for offences under Sections 329(4), 333, 296, 115(2), 351(3), 3(5), and 111(7).
According to the prosecution, the complainant had rented out his house to the applicant and his family members. A dispute arose when the premises were allegedly not vacated, leading to an altercation between the complainant’s family and the applicant’s wife and son. The prosecution’s case indicated that the alleged acts of abuse and assault were attributed to the co-accused family members and not to the applicant himself.
The High Court noted that no specific role was attributed to the applicant, except that he was one of the occupants of the rented premises. On a specific query, the State was unable to point out any incriminating material against the applicant, including material justifying the invocation of Section 111(7) of the BNS.
While acknowledging that the applicant had criminal antecedents, with as many as 32 cases registered against him, the Court observed that past antecedents alone could not justify implicating a person in a case where no role was made out. The Court expressed surprise at the manner in which the investigation agency had added the offence of organised crime, observing that there was not even “an iota of evidence” to support such a charge.
Terming the action of the investigating agency as a sheer misuse of power, the Court remarked that although persons with criminal antecedents must be dealt with firmly, they cannot be implicated without basis and charged with serious offences in the absence of material.
In view of these findings, the Court granted bail to the applicant, directing his release on furnishing a personal bond of ₹5,000 with one surety of the like amount, subject to compliance with the conditions under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita.
Appearances
Shri Srajan Narang – Advocate for the applicant.
Shri K.S.Patel- Panel Lawyer for the respondent-State.
