Madhya Pradesh High Court
Sunil vs The State Of Madhya Pradesh on 20 January, 2025
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2025:MPHC-IND:1375
1 MCRC-54849-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 20 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 54849 of 2024
GANESH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bhashkar Agrawal, learned counsel for the applicant.
Shri Rahul Solanki, learned Govt.Advocate for the respondent/State.
Shri Nilesh Dave, learned counsel for the objector.
WITH
MISC. CRIMINAL CASE No. 54419 of 2024
SUNIL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Rahul Solanki, learned Govt.Advocate for the respondent/State.
Shri Nilesh Dave, learned counsel for the objector.
MISC. CRIMINAL CASE No. 54666 of 2024
RAKESH MANDLOI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vikas Yadav, learned counsel for the applicant.
Shri Rahul Solanki, learned Govt.Advocate for the respondent/State.
Shri Nilesh Dave, learned counsel for the objector.
ORDER
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 21-01-2025
09:54:40
NEUTRAL CITATION NO. 2025:MPHC-IND:1375 2 MCRC-54849-2024 All these are first bail applications filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail to the applicants - Ganesh, Sunil and Rakesh in connection with FIR/Crime No.637/2024 Date:- (Not mentioned) registered at P.S.-Manawar, District-Dhar (M.P.) for commission of offence punishable under sections 191(2), 191(3), 190, 326(G), 324(5), 324(6), 331(6), 333, 110 and 310(2) of the B.N.S.
2. Prosecution story, in brief is that an employee of M Plus Energy Solution Pvt. Ltd., which is near Ultratech cement factory situated at village Toki P.S. Manawar Distt.- Dhar suffered electric shock and for treatment he was brought to the clinic of the aforesaid cement factory. He was referred to Manawar or Indore, therefore, his companions were taking him by Ambulance. Due to the aforesaid Dilip died in between the way at around 05:00 AM. Due to the aforesaid, the present applicants alongwith 13 other named and 100 - 150 unknown co-accused persons came carrying weapons i.e. Lathi, Faliya and stones and they had entered the cement factory by breaking in. They also entered in distinct departments of the cement factory and vandalized distinct machineries, AC projector, light system, almirahs, tables-chairs, photocopy machines, LED, computed, records of the cement factory, four cars, twenty motorcycles, crane etc. and they had set the office and building on fire because of which the articles were burnt down. Resultantly, the company sustained loss of 18.51 Crores. Matter was reported by Manish Dikshit who is employee of the cement factory.
3. Learned counsel for the applicants/accused persons submits that, the applicants have not committed the offence and have falsely been implicated in the case. On behalf of applicant-Ganesh it is submitted that, however, his name is not mentioned in the FIR, but as per CCTV footage of the Ultratech Cement company during the incident presence of the applicant is not established and he was not Signature Not Verified Signed by: SHAILESH PATIL Signing time: 21-01-2025 09:54:40 NEUTRAL CITATION NO. 2025:MPHC-IND:1375 3 MCRC-54849-2024 found present on the spot at the time of incident. It is also submitted that no incriminating material is recovered from his possession, therefore, his involvement in the incident is doubtful. On behalf of applicant-Sunil it is submitted that his name has not been mentioned in the FIR. However, one laptop has been recovered from his possession, but there is no evidence in the case that the aforesaid laptop was of the aforesaid company i.e.Ultratech Cement Company. However, applicant-Sunil has been identified in the test identification parade by the complainant, but test identification parade was conducted after more than one month from his arrest and photograph of the applicant is doubtful. It is submitted one steel pipe has been recovered from the applicant, but there is no evidence that the aforesaid pipe was used in the aforesaid offence. On behalf of applicant Rakesh it is submitted that his name is not mentioned in the FIR. Test identification parade has not been conducted by the prosecution to identify the applicant. It is also submitted that, however, printer has been seized from his possession, but there is no evidence to show that the printer is of the aforesaid company, therefore, his involvement in the crime is also doubtful. Applicant Ganesh is in custody since 10.8.2024, applicant Sunil is in custody since 27.7.2024 and applicant Rakesh is in custody since 25.7.2024 respectively. After completion of investigation, charge-sheet has been filed. Conclusion of trial will take long considerable time, therefore, it is prayed that the applicants be released on bail.
4. On other hand learned counsel for the non-applicant/ State as well as learned counsel for the objector have opposed the prayer and prayed for its rejection.
5. Having heard learned counsels for the parties, perused the case-diary also Signature Not Verified Signed by: SHAILESH PATIL Signing time: 21-01-2025 09:54:40 NEUTRAL CITATION NO. 2025:MPHC-IND:1375 4 MCRC-54849-2024 considering the facts and circumstances of the case, the applicants, this Court is of the view that the applications deserve to be allowed and the applicants are entitled for bail.
6. Resultantly, all the three applications are hereby allowed.
7. It is directed that the applicants - Ganesh, Sunil and Rakesh be released on bail upon each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with separate solvent sureties in the like amount to the satisfaction of the concerned trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of section 480 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
8. All the three M.Cr.Cs. stand disposed off, accordingly. C.c. as per rules.
(PRAKASH CHANDRA GUPTA) JUDGE patil Signature Not Verified Signed by: SHAILESH PATIL Signing time: 21-01-2025 09:54:40