Brajkishor Lodhi vs The State Of Madhya Pradesh on 15 February, 2023

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Madhya Pradesh High Court

Brajkishor Lodhi vs The State Of Madhya Pradesh on 15 February, 2023

Bench: Sunita Yadav

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 15 th OF FEBRUARY, 2023
                                           MISC. CRIMINAL CASE No. 6805 of 2023

                          BETWEEN:-
                          BRAJKISHOR LODHI S/O RAM SINGH LODHI, AGED
                          ABOUT 19 YEARS, OCCUPATION: KRASHI GRAM
                          KANDHARI POLICE THANA BASAI DISTRICT DATIA
                          (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (MR. SHYAM KISHORE MISHRA - ADVOCATE)

                          AND
                          1.      THE STATE OF MADHYA PRADESH INCHARGE
                                  POLICE STATION THROUGH POLICE THANA
                                  BASAI DISTRICT DATIA (MADHYA PRADESH)

                          2.      PROSECUTRIX THROUGH POLICE THANA BASAI
                                  DISTRICT DATIA (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                          (MR. DHEERAJ KUMAR BUDHOLIYA - PANEL LAWYER)

                                  This application coming on for hearing this day, the court passed the

                          following:
                                                                ORDER

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 16.11.2022 by Police Station Basai, District Datia in connection with Crime No. 150/2022 for the offence punishable under Sections 354, 354(gha), 452 and 376(3), 506B of IPC & Sections 5/6, 11/12 of POCSO Act.

Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 16-Feb-23 10:41:51 AM 2

The allegation against the present applicant - accused is that he committed rape upon the prosecutrix.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The entire prosecution story is suspicious because in F.I.R. allegedly the applicant caught hold of hand of prosecutrix and she complained her father about the incident and also informed her father that before six months from 15.11.2022, the present applicant made physical relations with her, however, the prosecutrix entirely changed her version in her statement recorded under Section 164 of Cr.P.C. on 17.11.2022 and said that she made physical relations with applicant-accused on her own will. Thereafter, the prosecutrix again changed her version on 29.12.2022 in her statement recorded under Section 161 of Cr.P.C. implicating the present applicant. The applicant is under custody since 16.11.2022. After conclusion of investigation, charge-sheet has already been filed, therefore, custodial interrogation of the applicant is not required any more. The applicant is permanent resident of District Datia (M.P.) and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in Signature Not Verified the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent Signed by: CHETNA BEHRANI Signing time: 16-Feb-23 10:41:51 AM 3 surety in the like amount to the satisfaction of the trial Court/committal Court.

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 him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Chetna Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 16-Feb-23 10:41:51 AM 4 Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 16-Feb-23 10:41:51 AM

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