Bablesh Lodhi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8635 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   CRA No.7110/2021
        (BABLESH LODHI VS. STATE OF M.P. & ANR.)


Gwalior, Dated : 10/12/2021

      Shri Anshu Gupta, learned counsel for the appellant.

      Shri C.P.Singh, learned counsel for the State.

      None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (in short "Act").

Case diary is available.

This is first appeal has been filed under Section 14-A (2) of the

Act against the order dated 15/11/2021 passed by Special Judge

(Atrocities Act) Vidisha, rejecting the bail application.

The appellant has been arrested on 06/11/2021 in connection

with Crime No.153/2021 registered by Police Station Tyonda,

District Vidisha for offence punishable under Sections 323, 294, 327,

506 and 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(va)

of the Act.

It is submitted by the counsel for the appellant that according

to the prosecution case, on 03/06/2021 at about 09:30 PM, when the

complainant was coming back from his field, he met with the

appellant in front of the shop of co-accused Laxman Lodhi, who

THE HIGH COURT OF MADHYA PRADESH CRA No.7110/2021 (BABLESH LODHI VS. STATE OF M.P. & ANR.)

demanded money for purchasing liquor. When the complainant

refused to do so then the appellant gave a Lathi blow on the right

hand of the complainant. Co- accused Kallu also came on the spot

and after throwing him on the ground assaulted by means of a Lathi

causing injury on the right side of his face. At that time, co-accused

Laxman Lodhi came there and insulted and humiliated the

complainant by calling him by his caste name and caused injury on

the right leg of Angoori Bai. While fleeing away, all the three accused

persons including the appellant extended a threat to life. It is

submitted that the allegation of demand of money for purchasing

liquor is false. The appellant is in jail from 06/11/2021. The Trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case. The co-accused

Laxman Lodhi has granted bail by this Court by order dated

20/07/2021 passed in CRA No.4001/2021.

So far as the criminal antecedents of the appellant are

concerned, it is submitted that one offence under Section 294, 323,

506, 341 and 34 of IPC was registered in the year 2012 and in the

same year a preventive measure under Section 107 and 116(3) of

Cr.P.C. was taken against him. Except the aforesaid two cases, the

appellant has no criminal antecedents.

THE HIGH COURT OF MADHYA PRADESH CRA No.7110/2021 (BABLESH LODHI VS. STATE OF M.P. & ANR.)

Per contra, the appeal is vehemently opposed by the counsel

for the State. However, after going through the allegations, it is

submitted that the allegations of humiliating or insulting the

complainant is against the co-accused Laxman Lodhi and that too

after the assault was made by the appellant. However, it is fairly

conceded that the injured did not suffer any fracture.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the appeal is allowed. It is

directed that the appellant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge

    Digitally signed by
    PRINCEE BARAIYA
    Date: 2021.12.10
    14:44:02 -08'00'