Madhya Pradesh High Court
Harishchandra Singh Lodhi vs The State Of Madhya Pradesh on 17 January, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 17 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 48787 of 2022
BETWEEN:-
HARISHCHANDRA SINGH LODHI S/O JAGANNATH
LODHI, AGED ABOUT 28 YEARS, OCCUPATION: LABOUR
R/O VILLAGE KANKAR, P.S.TEJGARH, DISTRICT
DAMOH (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANJAY KUMAR KUSHWAHA-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION TEJGARH DISTRICT-DAMOH (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI A. N. GUPTA-GOVERNMENT ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of applicant for grant of bail, pending the trial.
The applicant has been arrested in connection with Crime No.243/2022 registered at P.S.-Tejgarh, District-Damoh (M.P.) for the offence punishable under Sections 392, 394, 353, 332, 186 of IPC and Section 11 of M.P. Sthaniya Pradhikar (Nirvachan Apradh) Adhiniyam, 1964. He is in detention since 05.07.2022.
Signature Not Verified Signed by: BIJU BABY Signing time: 1/18/2023 10:49:12 AM 2A s per the prosecution story, on 25.06.2022 in panchayat elections complainant was posted as presiding officer at Polling Booth No. 263 of village Kankar along with other persons. After completion of voting, at around 08:30 p.m. members of polling party were counting the votes after closing the door along with the agents of the contesting candidates. Harishchandra Lodhi, Komal Lodhi, Ajit Jain, Satendra Sharma Pradhum Lodhi, Jagannath Lodhi and other Lodhis of the village Kankar forcibly trespassed into the room. Seeing them the members of the polling party put entire votes into a bag. They all tried to forcibly snatch that bag but when complainant resisted, Harishchandra gave a kick in his chest, thereafter, they all forcibly took away the bag filled with the votes casted by the voters. FIR was lodged.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He has been falsely implicated. He is innocent. Notices were given to him and Pradyumna Singh Lodhi for depositing an amount of Rs.4,98,000/- towards expenses for re-polling. He was not identified in the Identification Parade. It is further submitted that co-accused have been released on bail by this Court and by the Court below and the case of present applicant is identical to the case of co-accused who have been released on bail. He has nothing to do with the snatching and robbing of the bag filled with the votes casted by the voters. He has been falsely named due to political rivalry. Learned counsel for the applicant has submitted that applicant has deposited an amount of Rs.2,49,000/- with State Exchequer against the notice issued to him. On the aforesaid ground, learned counsel for the applicant has prayed for grant of bail.
O n the other hand, learned Government Advocate for the Signature Not Verified respondent/State has opposed the grant of bail to the present applicant and has Signed by: BIJU BABY Signing time: 1/18/2023 10:49:12 AM 3 submitted that a named FIR has been lodged against the present applicant. Therefore, he does not deserve to be released on bail.
Having taken into consideration all the facts and circumstances of the case including the arguments advanced by learned counsel for the parties and the fact that applicant has deposited Rs.2,49,000/- with State Exchequer. Trial of the case will take considerable time, I am of the view that further pre-trial detention of the applicant/accused is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant-Harishchandra Singh Lodhi be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees F ifty thousand o nly) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1.The applicant will comply with all the terms and conditions of the bond executed by them;
2.The applicant will cooperate in the trial;
3.The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4.The applicant shall not commit an offence similar to the offence of Signature Not Verified Signed by: BIJU BABY Signing time: 1/18/2023 10:49:12 AM 4 which they are accused;
5.The applicant will not seek unnecessary adjournments during the trial; and
6.The applicant will not leave India without prior permission of the trial Court.
This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE b Signature Not Verified Signed by: BIJU BABY Signing time: 1/18/2023 10:49:12 AM