Madhya Pradesh High Court
Sujeet Ghoshi vs The State Of Madhya Pradesh on 19 July, 2021
Author: Rajeev Kumar Dubey
1 MCRC-18360-2021
The High Court Of Madhya Pradesh
MCRC-18360-2021
(SUJEET GHOSHI Vs THE STATE OF MADHYA PRADESH)
10
Jabalpur, Dated : 19-07-2021
Heard through Video Conferencing.
Shri Ramesh Kumar Tamrakar, learned counsel for the applicant.
Shri Devendra Shukla, learned PL for the respondent/State.
Heard with the aid of case diary.
This is first bail application filed by the applicant under Section 439 of
Cr.P.C.
Applicant Sujeet Ghoshi was arrested on 25/2/2021 in Crime
No.27/2021 registered at Police Station City Kotwali, District Sagar (M.P.)
for the offence punishable under Sections 294, 323, 324, 307, 506, 34 of the
IPC.
As per prosecution case, on 24/2/2021 applicant Sujeet Ghoshi armed
with baseball stick and co-accused Ajay @ Ajju armed with iron pipe came to
complainant Dushyant Ghoshi's house located at Laxmipura Ward, Sagar and
abused complainant Dushyant Ghoshi. When injured Devendra objected, co-
accused Ajay @ Ajju assaulted him with iron pipe on his head, due to which
he sustained grievous injury in his head and fell down. When complainant
Dushyant Ghoshi, Arjit, Sonu and Manorama came to rescue Devendra,
applicant Surjeet Ghoshi and co-accused Ajay @ Ajju also assaulted them by
iron pipe and baseball stick, due to which they also sustained injury.
Learned counsel for the applicant submits that the applicant has not
committed any offence and has falsely been implicated in the offence. It is
further submitted that in the incident complainant Dushyant Ghoshi and
injured Devendra assaulted co-accused Ajay @ Ajju and on the report of co-
accused Ajay @ Ajju Ghoshi police registered Crime No.28/2021 for the
offence punishable under Sections 294, 323, 506 and 34 of the IPC at P.S.
City Kotwali, Sagar against them. The applicant has been in custody since
25/2/2021, charge-sheet has been filed and the conclusion of trial will take
time, hence prayed for release of the applicant on bail. In support of his
contention learned counsel placed reliance on the judgments passed by
Hon'ble Apex Court in the case of Ganga Prasad Vs. State of U.P. reported
in (1987) 2 SCC 232, Bashishth Singh and Another Vs. State of Bihar
reported in AIR (2002) SCW 3 and judgment passed by coordinate Bench
of this Court in the in M.Cr.C.No.2179/2014 (Bharat Vs. State of Madhya
Signature Not Verified
SAN
Pradesh), decided on 13/02/2014.
Digitally signed by VARSHA SINGH
Date: 2021.07.19 18:51:20 IST
2 MCRC-18360-2021
Learned counsel for the respondent/State opposed the prayer and
submitted that the applicant has criminal past and 2 others offences are also
registered against the applicant, so he should not be released on bail.
In the above-mentioned judgments upon which reliance is placed by the
learned counsel for the applicant, Hon'ble Apex Court and coordinate Bench
of this Court have not laid down any guideline regarding granting bail. So, on
the basis of those orders applicant is not entitled to get bail in this case.
It is alleged that in the incident, applicant and co-accused Ajay @ Ajju
assaulted Devendra, Dushyant Ghoshi Arjit, Sonu and Manorama, due to
which they sustained injuries. In the incident Devendra and Sonu sustained
grievous injuries. So, looking to the facts and circumstances of the case, the
allegation and the fact that the applicant has criminal past and 2 others
offences are also registered against the applicant, this Court is not inclined to
grant bail to the applicant, at this stage.
Hence, this application is rejected.
(RAJEEV KUMAR DUBEY)
JUDGE
VS
Signature Not Verified
SAN
Digitally signed by VARSHA SINGH
Date: 2021.07.19 18:51:20 IST
