Madhya Pradesh High Court
Amol Lodhi vs The State Of Madhya Pradesh on 12 January, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 12 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 196 of 2023
BETWEEN:-
AMOL LODHI S/O SHRI MAHESH LODHI, AGED ABOUT
22 YEARS, GRAM DABIYA LAAN THANA POLICE
STATION PICHHORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SUNIL KUMAR DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
PICCHORE (MADHYA PRADESH)
2. PR OS ECUTR IX THROUGH POLICE STATION
PICHORE DISTT SHIVPURI (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI AVNEESH SINGH - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is 5th bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 29.06.2021 by Police Station, Pichhore, District Shivpuri (MP), in connection with Crime No.211/2021 for the offence punishable under Sections 363,366,376 of IPC and 5/6 of POCSO Act.
On 16.11.2021, the bail application was dismissed on merits. Thereafter, on 11.10.2022, the fourth bail application was disposed of with a direction that 2 Superintendent of Police, Shivpuri, was directed to ensure that the bailable warrant issued against Dr.Deepa Dubey is served positively and shall ensure that she must appear before the Trial Court on next date of hearing.
The counsel for the applicant has made submissions that the bail application was dismissed on merit vide order dated 16.11.2021. Thereafter, till today, 11 witnesses have already been examined. Applicant/accused is in custody since 29.06.2021. In these changed circumstances, he is entitled to be released on bail.
In brief facts of the prosecution case is that on 05.04.2021 at 12.30 P.M. father of the prosecutrix lodged a report at Police Station Pichhore, District Shivpuri that from 04.04.2021 at 9.P.M., her daughter prosecutrix aged about 15 years 9 months is missing. He searched here and there but could not trace her. He is having doubt that present applicant/accused Amol Lodhi persuaded to go with him. On his report, Crime No.211/21 under Section 363 of IPC was registered and guminson No.11/21 was also registered. Thereafter, during enquiry on 19.06.2021, she was rescued. Same day, her statement was recorded under Section 161 of Cr.P.C. She has stated that she is aged about 16 years. Studied upto 8th standard. From last one year, she developed friendship with the present applicant/accused Amol. They used to talk each other on phone. On 30.03.2021, she had telephoned with present applicant/accused and decided to solemnize marriage. Thereafter, on 04.04.2021 in the night, she came out from her house at 11 P.M. and without informing any one telephoned to applicant/accused and reached at road. On her telephone, applicant/accused came on foot, they reached Pichhore. In the night sleeping in the forest, thereafter, in the morning by bus reached Gwalior, took a room on rent in Hazira, resided there for 4-5 days. He made physical 3 relationship with her. Thereafter, exchanging garland each other and they solemnized marriage. Thereafter, they started living like husband and wife. On 28.06.2021 in a marriage of relative of applicant/accused, she went there, where applicant/accused also made physical relationship with her. There Police caught hold of them. She was sent for medical examination. Applicant/accused was arrested. Offence under Sections 366,376 of IPC and 5/6 of POCSO Act was enhanced. After investigation, charge-sheet has been filed. After disposal of bail application on 11.10.2022, co-ordinate Bench had directed the Superintendent of Police to remain present Dr. Deepa Dubey on 27.10.2022. Her statement was recorded. Statement of Sweeper Kalluram was also recorded.
Learned counsel for the State vehemently opposed the application and has prayed for its rejection.
Looking to the facts and circumstances of the case, after rejection of first bail on 16.11.2021, 11witnesses have been examined, there is no chance of tutoring the witnesses, in these changed circumstances this Court inclined to grant bail. By allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.
He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of 4 Rs.25,000/- shall stand forfeited automatically Application stands allowed and disposed of.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE mani SUBASRI MANI 2023.01.12 17:42:41
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