- In the case of B.P. @ Amrat Singh Gurjar vs State of MP the Madhya Pradesh HC has granted bail to a man arrested on the basis of the confessional statement of a co-accused. The Court observed that lately, it has become a norm for the police to file a charge-sheet against a person only on the basis of the confessional statements of an accused.
- The Court was of the opinion that the police do not try to collect any substantive evidence against the accused persons. It appears that either the Investigating Officers are deliberately leaving lacunae in the evidence or that they are not familiar with the law of Evidence.
- The Counsel for the prosecution had contended that the applicant/accused had been arrested for an offence punishable under section 34(2) of the MP Excise Act. After receiving a tip from an informant, the police had laid a trap and the car along with the liquor was intercepted. One person succeeded in escaping but the co-accused along with the liquor was arrested. He disclosed the name and the identity of the runaway accused, who is the applicant in the present case.
- The Counsel for the applicant submitted that other than the confessional statement of the co-accused, there was no other admissible evidence against him so as to implicate him in the offence. It was further argued that the Test Identification Parade had not been carried out and the chargesheet had been filed, and also that the applicant had no previous criminal history.
- Thus, the Court observed that in light of the fact that there was no substantive and admissible evidence against the applicant, and that he had been arrested solely on the basis of the confessional statement made by the co-accused, which was inadmissible under section 25 and 26 of the Indian Evidence Act, the application was allowed.
- Referring to the judgement of the Apex Court in the case of Aparna Bhatt and ors vs State of MP (2021), the Court ordered that the intimation of the grant of bail be sent to the complainant.
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