Madhya Pradesh High Court
Ashish Lodhi vs The State Of Madhya Pradesh on 6 November, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-20527-2017
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(ASHISH LODHI Vs THE STATE OF MADHYA PRADESH)
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Jabalpur, Dated : 06-11-2017
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Shri Ankit Saxena, counsel for the petitioner.
Shri V.P. Tiwari, Panel Lawyer for the respondent/State.
a Heard on this first application for bail under Section 439 of the hy Code of Criminal Procedure filed on behalf of the petitioner ad Ashish Lodhi in crime no.344/2017 registered by P.S.-Aishbag, District- Bhopal under Section 401 of the IPC and 25 of the Arms M Act.
of As per the prosecution case, at about 8 p.m., on 28.08.2017, on an information received from an informant, the police force of P.S. rt Aishbag raided a spot near bus stand. they found that four boys ou were taking about picking pockets and they were waiting for C some bus to arrive. They looked like pick pockets. The police h party arrested the four accused persons, including petitioner ig Ashish Lodhi. A knife was seized from his possession. H Learned counsel for the petitioner submits that the incident as narrated in the first information report, is highly improbable. It appears farfetched that four pick pockets would congregate to discuss a plan for picking pockets, which is essentially an offence committed individually. It has further been submitted that the petitioner have been in custody since 29.08.2017 and the charge- sheet in the matter has been filed. Therefore, it has been prayed that the petitioner be released on bail. Learned Government Advocate for the respondent/State on the other hand has opposed the application mainly on the ground that there are three other offences, 2 under Section 379 of the IPC and sh one under Sections 294 and 506 of the IPC registered against the petitioner.
e ad However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the Pr learned counsel for the petitioner, in the opinion of this Court, the petitioner deserves to be released on bail. However, it will have to a hy be ensured that during the pendency of the case he does not commit any more offence against the property.
ad Consequently, this first application for bail under section 439 of M the Code of Criminal Procedure filed on behalf of petitioner of Ashish Lodhi, is allowed. It is directed that the petitioner shall be released on bail on rt furnishing a personal bond in the sum of Rs. 80,000/- with two ou solvent, local sureties in the sum of Rs.40,000/- each to the C satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case, for complying with the conditions h ig enumerated under Section 437 (3) of the Code of Criminal Procedure and also for refraining from committing any more H offences against the property during the pendency of the present case.
Certified Copy as per rules.
(C V SIRPURKAR) JUDGE vai sh VAISHALI e AGRAWAL ad 2017.11.06 20:44:42 -08'00' Pr a hy ad M of rt ou C h ig H