Madhya Pradesh High Court
Jagdish Singh Lodhi vs The State Of Madhya Pradesh on 20 November, 2019
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-44822-2019
The High Court Of Madhya Pradesh
MCRC-44822-2019
(JAGDISH SINGH LODHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 20-11-2019
Mr. Madan Singh, learned counsel for the applicant.
Mr. C.B.Singh, learned Govt. Advocate for the respondent/State.
Case diary is available.
I.A.No.21323/2019, an application filed for taking documents on record, is allowed.
Documents are taken on record.
This is the third bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The earlier bail applications filed by the applicant was dismissed after considering merit of the matter vide order dated 21.12.218 & 5.04.2019 in M.Cr.C.Nos.47041/2018 & 12374/2019.
The applicant is in custody since 11.06.2018 in connection with Crime No.125/2018 registered at Police Station - Belkheda, District - Jabalpur for the offence punishable under Sections 394, 395, 397, 120-B of IPC & 25/27 of Arms Act.
Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 11.06.2018. It is submitted that the statement of material witnesses namely Gouri Shankar Chadhar (PW-1), Ram Kishore Sen (PW-2), Kallu Prajapati (PW-3), Rakesh Kanojia (PW-4) & Veeru Singrore (PW-5) have been recorded and they have not supported the case of the prosecuted, hence turned hostile. It is further stated that the co-accused person under similar circumstances has been granted bail by this Court on 05.11.2019 in M.Cr.C.No.37623/2019. The trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid subsequent change in circumstances, prayer is made to release the applicant on bail.
Learned counsel for the State opposing the submissions made on Digitally signed by NEETI TIWARI Date: 21/11/2019 01:33:04 2 MCRC-44822-2019 behalf of the applicant has prayed for rejection of the bail application.
Heard learned counsel for the respective parties and perused the entire record of the case including the case.
Looking to the entire facts and circumstances of the case alongwith the subsequent change in circumstances that material witnesses have not supported the prosecution case with regard to the present applicant, this repeat (third) application is allowed without commenting anything on the merits of the case. It is ordered that the applicant/accused - Jagdish Singh Lodhi be released on bail on his furnishing a personal bond for the sum of Rs. 60,000/- (Rs. Sixty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during 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 trial; 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 any offence during the entire period of bail;
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;
7. The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and
8. The applicant shall not contact any of the other accused persons in Digitally signed by NEETI TIWARI Date: 21/11/2019 01:33:04
3 MCRC-44822-2019 this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy on payment of usual charges.
(AKHIL KUMAR SRIVASTAVA) JUDGE nd Digitally signed by NEETI TIWARI Date: 21/11/2019 01:33:04