Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Chhatrapal Lodhi vs The State Of Madhya Pradesh on 9 September, 2022

Author: Vishal Mishra

Bench: Vishal Mishra

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                 ON THE 9th OF SEPTEMBER, 2022

                                         MISC. CRIMINAL CASE No. 25209 of 2022

                                   BETWEEN:-
                                   CHHATRAPAL LODHI S/O SHRI KHET SINGH
                                   LODHI, AGED ABOUT 40 YEARS, OCCUPATION:
                                   AGRICULTURIST, R/O GRAM GHAT PINDRAI,
                                   P.S. THEMI DISTT. NARSINGHPUR (M.P.)

                                                                                          .....PETITIONER
                                   (BY SHRI R.S.PATEL - ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION THEMI NARSINGHPUR (M.P.)

                                                                                       .....RESPONDENTS
                                   (BY SHRI ANIL UPADHYAY - PANEL LAWYER)

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

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order dated 10.3.2022 passed in M.Cr.C No.12177/2022.

The applicant has been arrested on 30.11.2021 by Police Station-Themi, District-Narsinghpur (MP) in connection with Crime No.533/2021 for the offence punishable under Sections 294, 323, 324, 326, 506/34 of Indian Penal Code.

It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is submitted that the Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 9/9/2022 6:54:32 PM 2 other co-accused person has already been enlarged on bail vide order dated 12.5.2022 passed in M.Cr.C No.20369/2022 having similar allegations. The injury is also not medically corroborated as the allegation against the applicant is that he had inflicted injuries by means of Baka whereas medical report shows that the injury is inflicted by a hard and blunt object. The other co-accused who have inflicted injuries by means of lathi has already been enlarged on bail. Charge sheet has already been filed. The applicant is the first offender and is in custody since 30.11.2021. He is ready to abide by all terms and conditions that may be imposed by this Court while considering his application for grant of bail. There is no further requirement of custodial interrogation of the applicant.

On these grounds, he prays for grant of bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the application stating that applicant has actively participated in the commission of the offence and there are specific allegations against the applicant. But he could not dispute the factum of parity and factum of filing of charge-sheet. The applicant is the first offender as per case diary record, is not disputed by the State counsel. On these grounds, he has prayed for dismissal of the bail application.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial 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 his;

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

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

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

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

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

7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court;

8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

I n view of the COVID-19, jail authorities are directed to follow the Covid-19 Protocol as per the Government guidelines before releasing the applicant on bail.

Application stands allowed.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE irfan Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 9/9/2022 6:54:32 PM