Madhya Pradesh High Court
Golu @ Avinash Baragi vs The State Of Madhya Pradesh on 6 September, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 6 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 37913 of 2023
BETWEEN:-
GOLU @ AVINASH BARAGI S/O BALKRISHAN BARAGI,
AGED 28 YEARS, OCCUPATION: UNEMPLOYED R/O
2211/D, SUDAMA NAGAR, INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SURAJ SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SANWER INDORE (MADHYA PRADESH)
.....RESPONDENT/STATE
(BY SHRI SUDHANSHU VYAS - PL)
MISC. CRIMINAL CASE No. 35810 of 2023
BETWEEN:-
SUNNY @ RITIK S/O RAJENDRA BAIRAGI, AGED 23
YEAR S , OCCUPATION: BUSINESS R/O KAISHRIPURA
SANWER DISTRICT INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI GOVIND RAI PUROHIT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SANWER DISTRICT INDORE (MADHYA
PRADESH)
.....RESPONDENT/STATE
(SHRI SUDHANSHU VYAS - PL AND SHRI DEEPAK SAKLE -
COMPLAINANT)
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 09-09-
2023 10:15:31
2
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
MCRC No.37913/2023 is first and MCRC No.35810/2023 is second applications filed under Section 439 of Cr.P.C. for grant of bail to the applicants/accused, relating to FIR/Crime No.28/2023 dated 17.01.2023 registered at Police Station Sanwer District Indore (M.P.) for commission of offence punishable under Sections 307, 323, 294, 506, 147, 148, 302, 149 and 325 of IPC in MCRC No.37913/2023 and Sections 307, 323, 294, 506, 147, 148 and 302 of IPC in MCRC No.35810/2023.
2. Prosecution story, in brief, is that there was some dispute between complainant party and family members of accused Sunny @ Ritik. On 16.01.2023, at around 07:00 PM, when deceased Guru Datt was going to his home at Kesaripura from Sanwer by motorcycle followed by his son/informant Shubham by goods carriage auto rickshaw. The deceased, when reached at Ajnod Road, at the same time, the co-accused Sunny alongwith applicant Golu @ Avinash and co-accused persons Nilesh, Ritesh and Vikas came there with stick and knives and started to assault the deceased. Co-accused persons Vikas and Sunny gave blow to the deceased by knives and other accused persons assaulted the deceased by means of lathi. Due to several injuries received by the deceased, he felt down. Informant Shubham and his cousin Kamal tried to rescue the deceased and after the incident they took the deceased to Sanwer Hospital from where he was referred to Bombay Hospital, Indore. The deceased had died on 18.01.2023 during treatment.
3. Learned counsel for the applicants/accused persons submits that the Signature Not Verified Signed by: SHRUTI JHA Signing time: 09-09- 2023 10:15:31 3 applicants have not committed the offence and have falsely been implicated in the case. As per statement of son of the deceased, Anand, which was earlier statement recorded by police on 17.01.2023 at the time of the incident, 4 unknown persons had come by motorcycle and collided with deceased because of which he felt down and started beating him. After the incident, Anand and Golu took the deceased to Sanwer Hospital from the place of incident. It has further been submitted that Anand has not stated in his aforementioned statement that his brother Shubham and Kamal were present at spot. As per letter dated 16.11.2023, which was written by concerning Doctor of Sanwer Hospital to SHO P/S Sanwer, son of the deceased, Anand brought the deceased at Sanwer Hospital and he told the Doctor that the deceased received injuries in road traffic accident. It is further submitted that no injury inflicted by knife was found on the body of the deceased at the time of his post-mortem. The deceased had actually received injuries in vehicular accident but thereafter, due to enmity, the complainant party has falsely implicated the applicant. The applicants are in custody since 21.01.2023. They have no criminal antecedents. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicants be released on bail.
4. On other hand, learned counsel for the State/non-applicant as well as learned counsel for the objector have objected the prayer and submitted that named FIR was lodged against the applicants and co-accused persons. Weapons have also been recovered from the applicants and co-accused persons. Therefore, they are not entitled for bail.
5. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is Signature Not Verified Signed by: SHRUTI JHA Signing time: 09-09- 2023 10:15:31 4 of the view that applicants deserve to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
6. It is directed that applicants - Golu @ Avinash Baragi and Sunny @ Ritik shall be released on bail on their furnishing a personal bond for a sum o f Rs.50,000/- (Rupees Fifty thousand only) each alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for their appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicants shall comply with the provisions of Section 437 (3) of Cr. P. C.
7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
8. With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE Shruti Signature Not Verified Signed by: SHRUTI JHA Signing time: 09-09- 2023 10:15:31