Madhya Pradesh High Court
Durga Prasad @ Bhajju Lodhi vs The State Of Madhya Pradesh on 18 September, 2019
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 28646/2019
(Durga Prasad @ Bhajju Lodhi Vs. State of M.P.)
1
Jabalpur, Dated : 18.09.2019
Shri Satyam Agrawal, counsel for the applicant.
Shri M.K. Singh, P.L. for the respondent / State.
Status report has been received.
It appears from the report that the case is fixed for appearance of co-accused Babulal Lodhi on 16.10.2019.
Heard with the aid of case diary.
This is second application filed under section 439 Cr.P.C. Applicant Durga Prasad @ Bhajju Lodhi was arrested on 09.04.2019 in Crime No. 469/2017 registered at Police Station Baldeogarh, District Tikamgarh for the offence punishable under Section 363, 366, 376, 371, 372 of IPC & Sec. 3/4 of POCSO Act, 2012.
The first bail application of the applicant has been dismissed on merits vide order dated 20.05.2019 passed in M.Cr.C. No. 18405/2019.
As per the prosecution case, co-accused Pushpendra Yadav, Neelesh Yadav and Babu abducted the prosecutrix and took her to Village Maharajpura where they sold her to applicant Durga Prasad who kept her in his house for one month and sexually exploited her.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that co-accused Ajay @ Kallu, Rajaram & Neelesh Yadav have been granted bail by this Court vide orders dated 19.02.2019, 20.08.2018 and 19.02.2019 passed in M.Cr.C.52784/2018, M.Cr.C. No. 31492/2018 & M.Cr.C. No. 52786/2018. Even prosecutrix in her case diary statement admitted that she went with co-accused Ajay @ Kallu on her own will. The applicant is in custody since 09.04.2019 and the conclusion will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer THE HIGH COURT OF MADHYA PRADESH MCRC No. 28646/2019 (Durga Prasad @ Bhajju Lodhi Vs. State of M.P.) 2 Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that the applicant is in custody since 09.04.2019 and conclusion will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 him;
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 fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date: 2019.09.19
09:59:30 +05'30'