ANIL LODHI v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-16. ANIL LODHI v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 16 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 1685 of 2024 BETWEEN:- ANIL LODHI S/O SHRI HARBAN LODHI, AGED ABOUT 28 YEARS, OCCUPATION: LABOUR VILLAGE MARAITHA POLICE STATION PICHHORE DISTRICT SHIVPURI (MADHYA PRADESH) ..... APPLICANT (SHRI DINESH SINGH TOMAR, LEARNED COUNSEL FOR THE APPLICANT). AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION BASAI DISTRICT DATIA (MADHYA PRADESH) ..... RESPONDENTS (SHRI A. K. SHUKLA, LEARNED PP), This application coming on for HEARING this day, th e court passed the following: ORDER This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 2 of 2024 registered at Police Station Basai District Datia (M. P. ) for offence punishable under Sections 34(2) of M. P. Excise Act. The applicant is in judicial custody since 01.
01. 2024. As per the case of prosecution, on secret information, Head Constable No. 204 Neeraj Sharma of PS Basai along with police force reached Khadi Hasanpur Road Chauraha, Mauja Hasanpur Distt. Datia and intercepted the Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM applicant along with black colour Swift Desire No. JH05 S 9000 and from his possession 10 boxes containing 240 Bulk Liters of country made plain liquor were recovered. On such allegations, offence punishable under Section 34(2) of MP Excise Act was registered by PS Basai against applicant. Applicant was arrested on 01. 01. 204. He is in custody ever since. Statements of witnesses were recorded. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter. The applicant is 28 years and labour by profession. He is sole bread earner of the family.
There is no likelihood of his absconsion leaving behind the family and home. There is no likelihood of tampering with the evidence by the applicant. No criminal antecedent is reported against the applicant. Jail incarceration is causing hardship to the applicant and his family. The offence is triable by JMFC First Class. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail. Per contra, learned counsel for State opposes bail application on the ground of gravity of alleged offence. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant- Anil Lodhi shall be released on bail in relation to Crime No. 2 of 2024 registered at Police Station Basai District Datia (M.
P. ) for offence punishable under Sections 34(2) of M. P. Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM Excise Act, upon furnishing a personal bond in the sum of Rs.
50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions,: (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdjz.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM This order shall be effective till the end of trial.
However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM
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