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Madhya Pradesh High Court

Jitendra Alias Jitu Lodhi vs The State Of Madhya Pradesh on 16 January, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 16 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 1984 of 2023

                           BETWEEN:-
                           JITENDRA    ALIAS    JITU LODHI    S/O   SHRI
                           GAURISHANKAR LODHI, AGED ABOUT 22 YEARS,
                           OCCUPATION: AGRICULTURIST R/O VILLAGE DOH, P.S.
                           KUDILA, DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI HIMANSHU TIWARI, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           KUDILA DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI Y. D. YADAV, GOVT. ADVOCATE)

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

1. This is third bail application filed under Section 439 CrPC on behalf of applicant in connection with Crime No.149/2022, registered at Police Station Kudila, District Tikamgarh (M.P.), for the offences punishable under Sections 376-D, 450 and 506 of IPC.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. There is enmity between the applicant and family members of prosecutrix. It is submitted that incident is said to have occurred on 14.2.2022 and report has been lodged after inordinate Signature Not Verified delay. It is further submitted that Court has granted liberty to applicant to file Signed by: MONSI M SIMON Signing time: 1/17/2023 1:22:13 PM 2 repeat application after examination of prosecutrix in Court. Prosecutrix is not coming forward to give evidence in court. Case was repeatedly listed for examination of prosecutrix in court but prosecutrix did not appear. It is submitted that case was listed on 10.11.2022, 24.11.2022, 8.12.2022 and 3.1.2023. On said dates prosecutrix did not appear in court for giving her evidence. It is submitted that applicant is in jail since 25.8.2022. Considering the aforesaid circumstances, applicant may be released on bail.

3. Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail and submitted that applicant is involved in gang rape of prosecutrix. In these circumstances bail application be dismissed.

4. Heard the learned counsel for the parties.

5 . Liberty was granted to applicant to file repeat application after examination of prosecutrix. Prosecutrix is not turning up to give evidence before the trial court. Applicant is in jail since 25.8.2022. There is long delay in lodging of F.I.R in case of gang rape which throws suspicion on prosecution story.

6. Considering the aforesaid changed circumstances, bail application filed by the applicant is allowed.

7. It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

8. The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI M SIMON Signing time: 1/17/2023 1:22:13 PM