MP High Court Denies Bail, Flags Serious Lapses in Serving Witnesses Including Investigating Police Officer

The Madhya Pradesh High Court has expressed serious concern over lapses in witness management by the police and prosecution while refusing bail to an accused in a murder case involving the death of a Dalit youth in Ratlam district. The Court observed that if summons could not be served even on the investigating police officer, the condition of ordinary witnesses could well be imagined.

The case arose from the death of Ayush Malviya, a Scheduled Caste youth who allegedly went to meet a girl belonging to a Rajput family in July 2025. According to the prosecution, he was apprehended by members of the girl's family, assaulted, and subjected to humiliation, including forcible shaving of his hair. He later succumbed to his injuries. An FIR was registered under provisions of the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act.

While hearing a second appeal seeking bail, Justice Gajendra Singh noted a prosecution report stating that summons issued to certain witnesses, including Sub-Inspector K.K. Patel, had remained unserved, resulting in delays in recording evidence. The Court remarked that the situation reflected a lack of coordination between the police department and the prosecution and indicated inadequate supervisory control over witness service in serious criminal cases.

Declining to grant bail, the Court directed the Superintendent of Police, Ratlam, to ensure effective service of summons and ordered the trial court to conduct proceedings on a day-to-day basis. The trial has been directed to be completed within six months in accordance with the mandate of the SC/ST Act and Supreme Court guidelines on expeditious criminal trials.