Ramdeen Lodhi vs The State Of Madhya Pradesh on 31 July, 2023

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Madhya Pradesh High Court

Ramdeen Lodhi vs The State Of Madhya Pradesh on 31 July, 2023

Bench: Vishal Dhagat

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 31 st OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 31349 of 2023

                          BETWEEN:-
                          RAMDEEN LODHI S/O BHAJOLE LODHI, AGED ABOUT
                          19  YEARS, OCCUPATION: LABOUR R/O VILALGE
                          BHUNDU BAROYA (DOH P.S. KUDILAL DISTIRCT
                          TIKAMGARH (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI PANKAJ TIWARI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION KUDILA DISTRICT TIKAMGARH
                                (MADHYA PRADESH)

                          2.    VICTIM A D/O NON NON (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)

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

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who is in jail since 24.04.2022 relating to FIR No.32/2022 registered at Police Station- Kudila, District-Tikamgarh (MP) for the offence under Sections 363, 366, 376(2)(n) of IPC and 5/6 of POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and falsely being implicated in the case. Prosecutrix has already been Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/1/2023 11:24:35 AM 2 examined in Court and she is hostile. In these circumstances, applicant may be enlarged on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail.

4. Heard the counsel for the parties.

5. Considering the fact that prosecutrix has already been examined in Court and she is hostile.

6. Considering the aforesaid circumstances, bail application filed by applicant is allowed. It is directed that applicant be released on bail on his furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial court.

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. C.C. as per rules.

(VISHAL DHAGAT) JUDGE R Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/1/2023 11:24:35 AM

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