Madhya Pradesh High Court
Golu @ Vyapak vs The State Of Madhya Pradesh on 8 June, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
- : 1 :-
M.Cr.C. Nos. 8388/2021, 8704/2021 & 10972/2021
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 8388 of 2021
(Surendra @ Sonu Thakur V/s. State of M.P.)
M.Cr.C. No. 8704 of 2021
(Mohan V/s. State of M.P.)
M.Cr.C. No. 10972 of 2021
(Golu @ Vyapak V/s. State of M.P.)
Date: 08.06.2021 :
Applicant - Surendra @ Sonu Thakur by Shri Durgesh Sharma,
Advocate in M.Cr.C. No.8388/2021.
Applicant - Mohan by Shri Manoj Soni, Advocate in M.Cr.C.
No.8704/2021.
Applicant - Golu @ Vyapak by Shri Avinash Sirpurkar, Sr.
Advocate with Shri Bablu Patel, Advocate in M.Cr.C. No.10972/2021.
Respondent/State by Shri Rakesh Singh Bhadoriya, Panel
Advocate.
Heard the learned counsel for the parties through video conferencing.
These are first applications filed u/s. 439 of Cr.P.C. by the applicants - (i)Surendra @ Sonu Thakur; (ii)Mohan; and (iii)Golu @ Vyapak who are in custody since 18.3.2020 and 14.7.2020 respectively in connection with Crime No. 83/2020 registered at Police Station Simrol, District Indore, for the offence/s punishable u/s. 302, 201, 365, 343, 34 & 377 of the IPC and u/s. 67, 67A of the Information Technology Act.
As per prosecution story, on 10.3.2020 the complainant - Deva Bundela informed to the Station House Officer (SHO), Police Station Simrol that on 10.3.2020 that a dead body of an unknown person is lying near culvert of Bai Ghat, Khandwa Road, Indore. The police reached the spot and found that a person aged about 45 years wearing red colored T- shirt and black colored lower is lying there. He was found dead, and, on his body, certain injuries were found. The oral information was recorded
- : 2 :-
M.Cr.C. Nos. 8388/2021, 8704/2021 & 10972/2021 in the "Rojnamcha" as well as 'Merg' intimation No.9/2020 under section 174 of the Cr.P.C. and investigation was started. The police issued inquest form and also prepared "Naksha Panchnama" and sent the dead body for postmortem. On 11.3.2020 the postmortem was carried out and as per Doctor's opinion, there were six antemortem injuries caused by hard and blunt object on the dead body and died due sudden shock and internal hemorrhage. Later on, the dead body was identified as Gyaneshwar Kamlakar Matkar @ Pramod. The police registered the offence u/s. 302 and 201 of the IPC against unknown person and started the investigation. During the course of investigation, the police got an information that Jagdish @ Jaggu - accused No.1 was involved in commission of the aforesaid offence. He was arrested on 16.3.2020 and his mobile was seized. In the mobile, the police has recovered the video file in which certain persons were seen beating the deceased in the office room and they were trying to get some information from him.
Upon interrogation he has disclosed in his memorandum statement u/s. 27 of the Evidence Act that he is driver of Hemant Nema (accused No.2) :since last 15 years. He knows the deceased who was also a driver of Hemant Nema since last 20 years. His job was to take his son Piyush Nema (accused No.3) to the school. He has further disclosed that Piyush Nema is a habitual in carnal intercourse and the deceased used to sodomy him since his childhood and because of which he has become habitual to it. This fact came to the knowledge of Hemant Nema and he instructed him to bring the deceased in his office to teach a lesson. According to Jagdish, he went to the house of the deceased, but he was found in the tea-stall of Gurucharan near about 8-9 hours. The deceased identified them. Out of two persons he addressed one as Pramod. That unknown person told the deceased that Jagdish is calling him. Thereafter, they took the deceased with them. He took the deceased to the office of Hemant Nema. He has further disclosed that in the office of Hemant Nema, he and other employees viz. Lokesh Bhatt - accused No.5, Surendra @ Sonu Thakur - accused No.6, Mohan Tanwar - accused No.7, Rahul Yogi -
- : 3 :-
M.Cr.C. Nos. 8388/2021, 8704/2021 & 10972/2021 accused No.10, and Shekhar Dhakad - accused No.12 have assaulted the deceased by cricket bat, stick and belt. Thereafter, he was locked in a room attached to the office. He made a videography of the aforesaid assault. On 9.3.2020 near about at 1.30 in the night, Hemant Nema called his son Piyush Nema and again Rahul Yogi brought the deceased in the office. His clothes were torn by Hemant Nema and when he became necked, his hands and legs were tied by ropes on the table . Thereafter, Piyush Nema has assaulted him by stick on his private part. Lokesh, Sonu, Mohan, Nilesh, Kunal, Rahul, Shekhar and he himself again assaulted him by belt, cricket bat and stick. He put a cream in the handle of the cricket bat and inserted it in the anus of the deceased. Again, he was locked in the room. On 9.3.2020, deceased became sick. Hemant Nema called Kunal, Shekhar and told them to take the deceased to the hospital. They took him to the Aditya Hospital by Ertiga car. Dr. Sethia examined him and found the injuries and referred to the Diagnostic Centre. The CT scan was done but he was not taken to the higher hospital and lateron he succumbed to the injuries. Hemant Nema called Golu @ Vyapak (Accused No. 11) for disposal of the body of the deceased. All the accused took the deceased in the car and thrown his body near the road. The police arrested all the accused, recovered the cricket bat, belt and stick. Blood stains were found in the office of Hemant Nema, they were collected by the forensic team. Voice sample of the accused were taken. The mobile phones of all the accused were seized in order to prove their location. After completing the investigation, the police filed the charge-sheet on 7.10.2020 against 12 accused persons.
Learned counsel appearing for the applicant - Surendra @ Sonu Thakur, submits that the only allegation against this applicant is that he brought the deceased from the tea-stall of Gurucharan as per instructions of Jagdish. He had not played role in the assault and death of the deceased. Investigation is over and charge-sheet has been filed. No further custodial interrogation is required. He is not a habitual offender. He is the only earning member in the family. Hence, he be enlarged on
- : 4 :-
M.Cr.C. Nos. 8388/2021, 8704/2021 & 10972/2021 bail.
Learned Panel Advocate for respondent/State opposes the bail application of applicant - Surendra @ Sonu by submitting that there is specific allegation against this application that he has caused the injury by cricket bat. The cricket bat has been recovered from his house. He has actively participated in commission of the crime. Hence, he is not entitled for bail.
I have perused the case-diary and on the basis of statement of Dadarao, Dr. Jitendra Kumar recorded u/s. 161 of the Cr.P.C. and that there is a recovery of cricket bat from the applicant, hence he is not entitled for bail.
Learned counsel appearing for applicant - Mohan submits that the applicant - Mohan has unnecessarily been made accused in this case. He did not participate in any act of the co-accused persons. There is no evidence against him. He has been made accused only on the basis of statement of Gurucharan and Dadarao, but he has not been seen in the video file causing any injury to the deceased. Hence, he be enlarged on bail.
Learned Panel Advocate for respondent/State opposes the bail application of applicant - Mohan by submitting that there is a recovery of belt from his possession. He was also found present in the office of Hemant Nema & Piyush Nema at the time of assault to the deceased, hence he is not entitled for bail.
I have perused the case-diary and as per the statements of the co- accused recorded u/s. 161 of the Cr.P.C. I am of the opinion that the applicant - Mohan is not entitled for grant of bail.
Learned senior counsel appearing for applicant - Golu @ Vyapak submits that the only allegation against this applicant is u/s. 201 of the IPC. As per his own statement recorded u/s. 27 of the Evidence Act, he was called on 9.3.2020 by Hemant Nema for disposal of the dead body of the deceased. None of the witnesses have disclosed his presence about committing the offence u/s. 302 and 377 of the IPC. There is no
- : 5 :-
M.Cr.C. Nos. 8388/2021, 8704/2021 & 10972/2021 allegation of causing any injury to the deceased. He is having parity with case of Harish who has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 23.9.2020 passed in M.Cr.C. No.22788/2020.
Learned Panel Advocate for respondent/State opposes the bail application of applicant - Golu @ Vyapak.
Keeping in view the role attributed to the applicant - Golu @ Vyapak and parity with the case of Harish who has been granted bail by the co-ordinate Bench of this Court, this applicant deserves to be enlarged on bail. Accordingly, the application of applicant - Golu @ Vyapak is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of the trial.
Before releasing the applicant- Golu @ Vyapak from custody the jail authorities are directed to medically examine him to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
In view of the above, M.Cr.C. No. 10972/2021 stands allowed and M.Cr.C. Nos. 8388/2021 & 8704/2021 stand dismissed.
C.C. as per rules.
( VIVEK RUSIA ) JUDGE Alok/-Digitally signed by ALOK GARGAV
Date: 2021.06.15 13:29:00 +05'30'