Madhya Pradesh High Court
Rakesh Singh Lodhi vs The State Of Madhya Pradesh on 5 May, 2016
MCRC-7347-2016
(RAKESH SINGH LODHI Vs THE STATE OF MADHYA PRADESH)
05-05-2016
Shri Ashish Pandey, learned counsel for the
applicant.
Smt. Shobhana Sharma, learned Dy. Government
Advocate for the respondent/State.
Heard.
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 24/2016, registered at P.S.-Ashoka Garden District-Bhopal for the offence punishable under Sections 420, 467, 468 & 471 of the IPC.
Mr. Khalid had executed sale-deed in favour of the complainant in regard to a land, however, he was not the owner of the land and allegation is that he had received the amount along with Mr. Firoj.
The allegation against the applicant is that the present applicant is involved in the conspiracy along with Khalid and Firoj.
Another co-accused Dulare Miyan against whom there is similar allegation has been enlarged on bail by this Court vide order dated 03/05/2016 passed in M.Cr.C. No. 6539/2016. The Court passed the following order:
Shri S. B. Shrivastava, learned counsel for the applicant. Shri Prakash Gupta, learned G. A. for the respondent/ State. Heard.
Case diary perused.
This is first bail application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant, as he has been arrested on 18.03.2016, in connection with Crime No.24/2016, registered at Police Station Ashoka Garden Bhopal for commission of the offence punishable under Sections 420, 467, 468 and 471 of IPC.
It is submitted by the learned counsel for the applicant that another co-accused Md. Nafees has been enlarged on bail vide order dated 26.2.2016 passed in M. Cr. C. No.2357/2016. The Court passed the following order:
" Shri Amit Mishra, Counsel for the applicant. Shri Prakash Gupta, Learned Panel Lawyer for the Respondent-State.
Heard with the aid of case diary.
This is an application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.24/2016 registered at Police Station Ashok Garden, District Bhopal for the offence punishable under Sections 420, 467, 468 and 471 of the I.P.C.
Learned counsel for the applicant submits that the applicant has been falsely implicated along with the other co-accused persons. He submits that as per statement of the complainant under Section 161 of the Cr.P.C., the other persons are main accused persons and not the present applicant whose name has been implicated at the last alleging only to the extent that he was also accompanying the accused persons. He submits that in view of the allegation itself, prima facie no case under Section 420, 467, 468 and 471 of the IPC is made out against the applicant.
On the other hand learned P.L. for the respondent-State has opposed the application.
Having considered the submissions made by learned counsel for the parties and having gone through the evidence collected in the case diary, more particularly the statement of complainant, I am of the view that the applicant Mohd. Nafees has made out a case for grant of bail.
Accordingly, the M.Cr.C. is allowed. On applicant's furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the C.J.M. Bhopal for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial, he be released on bail.
Provisions of Section 437 (3) of Cr.P.C. shall apply to the applicant.
Certified copy as per rules."
Learned P. L. opposes the prayer of the applicant for grant of bail and prayed for dismissal of the petition.
Prima-facie there appears to be parity between present applicant and the co-accused who has been enlarged on bail. Hence, without expressing any opinion on merits of the matter, application is allowed.
It is directed that on furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand) along with one solvent surety in the like amount to the satisfaction of the trial Court applicant Dulare Miyan be released on regular bail.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he/she is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C. C. as per rules."
The prayer for bail is opposed by learned Dy. Government Advocate.
Looking to the nature and facts of the case, prima facie appears to be parity between the present applicant and co-accused who has been enlarged on bail. Hence, without expressing any opinion on the merits of the case, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by the applicant along with one solvent surety in the like amount to the satisfaction of the trial court, the applicant be released on bail with a direction to appear before the trial court on the date of the trial.
The applicant shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA