Madhya Pradesh High Court
Ghungra Urf Sunny vs The State Of Madhya Pradesh on 21 June, 2022
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 21st OF JUNE, 2022
MISC. CRIMINAL CASE No. 27475 of 2022
Between:-
GHUNGRA @ SUNNY S/O BHIM MEENA , AGED
ABOUT 26 YEARS, OCCUPATION: MAJDURI
R/O: 58 LABOUR COLONY DEWAS (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI RAGHUVEER YARDI ADV.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
INDUSTRIAL AREA, DEWAS (MADHYA
PRADESH)
.....NON APPLICANT
(SHRI RAHUL SOLANKI, GA FOR THE STATE)
(SHRI VINAY PURANIK ADV. FOR THE OBJECTOR)
This application coming on for orders this day, th e court passed the
following:
ORDER
Applicant has filed this first bail application under Section 439 of the
Code of Criminal Procedure, 1973. He is in jail since 26.3.2021 in connection
with Crime No.103/2021 registered at P.S. - Industrial Area, Dewas (M.P.) for
commission of offence punishable under Section 302, 341, 323, 294, 506/34 of
IPC.
As per prosecution story, on 31.1.2021 at about 7.30 p.m. while
Signature Not Verified
SAN
complainant Anjali was going to Goyal Colony along with Sarika and Vijay.
Digitally signed by TRILOK SINGH
SAVNER
Date: 2022.06.22 10:11:49 IST
When they reached near the No.1 Labour Colony, accused Kalu @ Madhav
Veena, Ghunghra, Ashwin and Shani intercepted them and Kalu told to
complainant that why you are giving applications against us and due to which
quarrel started between them and accused persons started abusing them in
filthy language. When deceased Vijay tried to stop them, at that time co-
accused Kalu and Shani assaulted Vijay by using knife and co-accused Ashwin
and present applicant Ghunghra also assaulted him by using wooden stick.
Complainant Anjali and Sarika intervened in the quarrel. Then accused persons
told them that if they will give any application against them, they will kill them.
Injured Vijay was brought at MGH Hospital and during treatment Vijay died.
Complainant Anjali lodged an FIR at P.S. Industrial Area, Dewas.
Learned counsel for the applicant submits that applicant is innocent and
he has been falsely implicated in this offence. The applicant is in custody since
26.3.2021, investigation is over and charge sheet has been filed, applicant is a
26 years young person. He is a permanent resident of Dewas and there is no
apprehension of his absconding. Final conclusion of trial will take long
sufficient time. Learned counsel for the applicant further contended that co-
accused Ashwin has been enlarged on bail vide order dated 15.12.2021 passed
in M.Cr.C. No.59513/2021 by this Court in the similar circumstances, therefore,
on the ground of parity present applicant also deserves for bail. He has also
placed reliance upon the judgment of the Hon'ble Supreme Court in the case of
Maulana Mohammed Amir Rashadi Vs. State of U.P. and Another reported in
(2012) 2 SCC 382.
Per contra, learned GA for the respondent/State opposes the bail
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application and prays for its rejection by submitting that one criminal antecedent
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has been found against the present applicant under Section 323, 294, 34 of IPC.
Digitally signed by TRILOK SINGH
SAVNER
Date: 2022.06.22 10:11:49 IST
Learned counsel for the objector has also opposed the bail application
and prayed for its rejection by submitting that earlier husband of the objector
Haribahadur has been brutally murdered by father of the present applicant along
with other co-accused and in that case all the accused persons have been
convicted under Section 302/34 of IPC and awarded sentence of Life
Imprisonment and after that incident family members of co-accused are
continuously threatening the complainant and her family. Hence the present
applicant does not deserve for bail.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments
advanced by both the parties, nature and gravity of allegation and taking note of
the fact that at the time of incident present applicant was having only wooden
stick and he is not the main accused, applicant is in custody since 26.3.2021,
role of the present applicant is limited, final conclusion of trial will take long
sufficient time and in the similar circumstances co-accused Ashwin has been
enlarged on bail by this Court and that case of the present applicant is similar
with him, I deem it proper to release the applicant on bail on the ground of
parity.
Accordingly, without commenting on merits of the case, the application
is allowed. It is directed that the applicant be released on bail upon his
furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One lac only) with
one solvent surety in the like amount to the satisfaction of the trial Court for his
appearance before the trial Court, as and when required. He shall abide by the
conditions enumerated under Section 437(3) Cr.P.C.
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SAN
Before releasing the applicant from the custody, the Jail Authorities are
Digitally signed by TRILOK SINGH
SAVNER
directed to medically examine him in order to rule out the possibility of Covid-
Date: 2022.06.22 10:11:49 IST
19 infections and shall comply with the directions issued by the Hon’ble
Apex Court in W.P.No. 01/2020.
C.C. as per rules.
(ANIL VERMA)
JUDGE
trilok
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2022.06.22 10:11:49 IST
