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Madhya Pradesh High Court

Smt Vandana Lodhi (Rajpoot) vs The State Of Madhya Pradesh on 10 May, 2022

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                         1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 10th OF MAY, 2022

                                    MISC. CRIMINAL CASE No. 21368 of 2022

                              Between:-
                      1.      SMT      VANDANA LODHI (RAJPOOT) W/O
                              PARMANAND LODHI , AGED ABOUT 25 YEARS,
                              OCCUPATION: HOUSE WIFE R/O VILLAGE
                              PATHIYA,    P.S.   BHAGWAN,   DISTRICT
                              CHHATARPUR (M.P.) (MADHYA PRADESH)

                      2.      DEVENDRA LODHI (RAJPOOT) @ DEVENDRA
                              S/O SHANKAR DAYAL LODHI , AGED ABOUT 30
                              YE A R S , OCCUPATION: AGRICULTURIST R/O
                              RANGUVAN       P.S.  MATGUVAN   DISTRICT
                              CHHATARPUR M.P. (MADHYA PRADESH)

                      3.      SMT. POONAM LODHI (RAJPOOT) W/O SHRI
                              DEVENDRA LODHI , AGED ABOUT 29 YEARS,
                              OCCUPATION: HOUSEWIFE R/O RANGUVAN P.S.
                              MATGUVAN DISTRICT CHHATARPUR M.P.
                              (MADHYA PRADESH)

                                                                                      .....PETITIONER
                              (BY SHRI ANOOP KUMAR SAXENA, COUNSEL FOR THE
                              APPLICANTS)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH
                              POLICE STATION    MATGUVAN   DISTRICT
                              CHHATARPUR M.P. (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                              (BY SHRI VIJAY SONI, PANEL LAWYER)

                            This application coming on for admission this day, the court passed the
                      following:
                                                          ORDER

Signature Not SAN Verified This is first application filed on behalf of applicants under Section 438 of Digitally signed by VAIBHAV the Cr.P.C., 1973.

Case Crime No. 48/2022 is registered at Police Station Matguvan, District Chhatarpur for offences punishable under Sections 304-B, 34 and 498 of I.P.C.

It is submitted by learned counsel for the applicants that applicants who are respectively married sister-in-law (Nanad), brother-in-law (Jeth) and sister- in-law (Jethani) are having separate residence from the deceased.

It is further submitted that on a day prior to the incident, the deceased had lodged the N.C.R. against her husband, mother-in-law both of them are in custody. In the N.C.R., the allegation was of torturing her on account of her stammering.

Learned Government Advocate has confirmed this fact that N.C.R. was lodged much prior to the incident and the present applicants are having separate residence. On these two grounds, the anticipatory bail is sought.

Taking these facts into consideration, without commenting on the merits of the case, the application is allowed.

It is directed that applicants Vandana Lodhi (Rajpoot), Devendra Lodhi (Rajpoot) @ Devendra and Poonam Lodhi (Rajpoot) be extended benefit of anticipatory bail, subject to applicants surrendering before the trial Court and in case they surrender before the trial Court, then trial Court shall let them on bail after accepting personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each in the like amount to the satisfaction of the Arresting Officer for their appearance before the Court concerned and on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE vy