'Sheer Misuse Of Power': MP High Court Pulls Up Police For Slapping Organised Crime Charge Without Evidence, Grants Bail

The Madhya Pradesh High Court, on January 14, granted bail to a man observing that the Investigating Agency had accused him of organized crime under Section 111(7) BNS without any material evidence terming it sheer misuse of powers. The bench of Justice Ramkumar Choubey observed, "Ofcourse, a person having criminal past must be dealt with hard hands, but not in this way when he is implicated without any basis in a criminal case and charged with the offence like defined as "Organised Crime" for which no iota of evidence is available. It is a sheer misuse of the powers on the part of the State Investigation Agency". Per the facts, the complainant rented his house to the applicant and his family members. Since the house was not being vacated, an altercation took place between the complainant and the family members of the applicant. On July 30, 2025, around 8 pm, the wife and son of the applicant entered the house of the complainant and allegedly abused and slapped them. Based on the aforementioned incident, an FIR was filed for trespassing (Section 329(4)), voluntarily causing grievous hurt (Section 333), and Criminal Intimidation (Section 351(3)) along with other offences. Additionally, the offence of organized crime (Section 111(7) of BNS) was also included. However, the court noted that the State was unable to show any incriminating evidence to support the charges under Section 111(7) of BNS. The court noted that the applicant was merely an occupier of the house along with his family members. The bench observed, "Undoubtedly, there are criminal antecedents showing as many as 32 cases registered against the present applicant, but in this case he has no role at all and this Court is surprised to see how the Investigation Agency misused its power by adding Section 111(7) of BNS against the person, infact who has no role in commission of the offence, registered against the co-accused persons". The court held that a person with a criminal past must be dealt with harshly, but also empahsized that implicating the person without any material evidence was a sheer misuse of power by the Investigating Agency. The court therefore granted bail to the applicant and directed his release on bail with a surety of 5,000. Case Title: Nasir v State of Madhya Pradesh [MCRC-59509-2025]Citation: 2026 LiveLaw (MP) 23For Applicant: Advocate Srajan NarangFor State: Advocate KS Patel Click here to read/download the Order

'Sheer Misuse Of Power': MP High Court Pulls Up Police For Slapping Organised Crime Charge Without Evidence, Grants Bail

Jayanti Pahwa

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