Madhya Pradesh High Court
Arvind Lodhi vs The State Of Madhya Pradesh on 21 March, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 21 st OF MARCH, 2023
MISC. CRIMINAL CASE No. 10321 of 2023
BETWEEN:-
1. ARVIND LODHI S/O SHRI JASRATH LODHI, AGED
ABOUT 25 YEARS, VILLAGE ARKSHEDA POLICE
STATION (MADHYA PRADESH)
2. AVDESH SHARMA S/O SHRI RAGHUVEER SINGH
LODHI, AGED ABOUT 22 YEARS, VILLAGE
ARKSHEDA POLICE STATION (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI VIBHOR KUMAR SAHU- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION ARON, GUNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI DHEERAJ KUMAR BUDHOLIYA- PANEL LAWYER)
This application coming on for hearing this day, the court passed the
following:
ORDER
At the very outset, counsel for the applicant seeks and is granted permission to withdraw the bail application on behalf of applicant no.2- Avdesh Sharma S/O Shri Raghuveer Singh.
Accordingly, the instant bail application is dismissed as withdrawn on behalf of applicant no.2 - Avdesh Sharma S/O Shri Raghuveer Singh.
The applicant no.1 has filed this second bail application u/S.439 of Signature Not Verified Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide Signed by: VIPIN KUMAR AGRAHARI Signing time: 23-03-2023 10:12:32 AM 2 order dated 22nd February, 2023 passed in M.Cr.C. No.6874/2023.
The applicant no.1 has been arrested on 19/10/2022 in connection with Crime No.515 of 2022 registered at Police Station Aron, District Guna (M.P.) for the offences punishable under Sections 302, 294, 323, 324, 147, 148, 149 of IPC and Sections 25(1)(B) of Arms Act.
Allegation against the applicant no.1 is that he along with other co- accused persons inflicted injuries upon the complainant-injured Anant Singh and Imrat Bai on account of which, Imrat Bai died.
Learned counsel for the applicant no.1 argued that the applicant no.1 is innocent and has been falsely implicated. The prosecution story is suspicious on account of variations in FIR as well as statements of prosecution witnesses. The case is not supported by the medical evidence. The applicant no.1 is in judicial custody since 19/10/2022. The applicant no.1 is permanent resident of Arkskheda, District Guna (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the applicant no.1.
Per contra, learned counsel for the State has vehemently opposed the bail application and argued that specific allegations are made against the applicant no.1 in FIR. The prosecution story is supported by eye-witnesses as well as injured Anant Singh in his statements recorded u/S.161 of Cr.P.C. All the eye- witnesses have supported the case of prosecution that applicant no.1 was present on the place of incident and actively participated in the commission of offence on account of which injured Anant Singh received multiple injuries and Imrat Bai died, therefore, he prayed for rejection of present bail application.
Heard learned counsel for the rival parties and perused the case diary Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 23-03-2023 10:12:32 AM 3 available on record.
Considering entire facts and circumstances of the case, so also, the gravity of offence, without commenting upon the merits of the case, this Court does not find any justifiable or plausible reason to enlarge the applicant no.1 on bail, at this stage.
Accordingly, present bail application stands dismissed on behalf of applicant no.1- Arvind Lodhi.
(SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 23-03-2023 10:12:32 AM