Narendra Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5832 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-18620-2022 Narendra Lodhi Vs. State of MP

Gwalior, Dated : 21/04/2022

Shri J.S. Rathore, Counsel for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case Diary is available.

This second application under Section 439 of CrPC has been filed

for grant of bail. First application of the applicant was dismissed as

withdrawn by order dated 27.01.2022 passed in M.Cr.C. No.577/2022.

The applicant has been arrested on 03.12.2021 in connection with

Crime No.160/2021 registered at Police Station Amola Distt. Shivpuri

for offence under Section(s) 392 of IPC and Section 11/13 of MPDVPK

Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, two masked persons had looted the complainant by

taking away his bag containing Rs.70,000/-, lunch box, mobile, key of

bank as well as key of motorcycle. It is submitted by the counsel for the

applicant that although the applicant was identified in the Test

Identification Parade, but he is in jail from 03.12.2021 and the co-

accused persons have been granted bail.

Per contra, the application is vehemently opposed by the counsel

for the State. It is submitted that so far as the case of the co-accused

persons is concerned, they were granted bail because they were not

involved in actual commission of offence, but the allegations against

THE HIGH COURT OF MADHYA PRADESH MCRC-18620-2022 Narendra Lodhi Vs. State of MP

applicant are that he had actually looted the complainant. The applicant

has a criminal history and two more cases, i.e., one under Section 326 of

IPC and another under Section 323 of IPC were registered against him.

Considering the period of detention and without commenting on

the merits of the case, this Court is of the considered opinion that it is a

fit case for grant of bail. Accordingly, the application is allowed. It is

directed that the applicant 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Amola District Shivpuri on 1st of every month

during the pendency of the Trial. In case of bail jump or non-appearance

of the applicant before the police station as directed by this Court, this

order shall lose its effect.

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) Judge Abhi ABHISHEK CHATURVEDI 2022.04.22 16:09:10 +05'30'