Santosh Lodh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6454 MP

                                                                          1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                         BEFORE
                                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                  ON THE 29th OF APRIL, 2022

                                                       MISC. CRIMINAL CASE No. 18691 of 2022

                                               Between:-
                                               SANTOSH LODH S/O RAJARAM LODHI , AGED
                                               ABOUT   29   YEARS, OCCUPATION: FARMER
                                               VILLAGE AMILIHA P.S. DHRAMPUR DISTRICT
                                               PANNA (MADHYA PRADESH)

                                                                                                          .....PETITIONER
                                               (BY SHRI QUAZI FAKHRUDDIN, ADVOCATE)

                                               AND

                                               THE STATE OF MADHYA PRADESH THROUGH
                                               POLICE STATION DHARAMPUR PANNA (MADHYA
                                               PRADESH)

                                                                                                       .....RESPONDENTS
                                               (NONE FOR THE RESPONDENTS )

                                             This application coming on for admission this day, the court passed the
                                     following:
                                                                            ORDER

This is first application under Section 438 of CrPC for grant of anticipatory

bail.

T h e applicant apprehends his arrest in connection with Crime No.72/2022 registered by Police Station - Dharampur District Panna for offence punishable under Sections 456, 354 of Indian Penal Code.

It is submitted that he has been falsely implicated in the case and has not committed any offence in any manner. The only allegation against the applicant, as per the prosecution story, is that he caught hold of the hand of the victim and dragged her out of the house. No other allegations of committing an offence of rape etc., is made out against the present applicant. It is submitted that there is a dispute between the families of the victim as well as the applicant, therefore, he has been falsely roped up in the case. Keeping the applicant in custody will amount to

Signature Not Verified pre-trial detention. This is the time of reaping of the crop. Crops are standing in the SAN

field and if the applicant is not given the benefit of anticipatory bail, then the crop Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.05.05 11:48:45 IST

will ruin. The applicant is the first offender. He is ready to abide by all the terms

and conditions that may be imposed by this Court while considering his application for grant of bail. He has placed reliance upon the judgment passed by the Supreme Court in the case of Satender Kumar Antil vs Central Bureau Of Investigation, S.L.P (Criminal) No.5191/2021 decided on 07.10.2021; wherein

certain guidelines have been framed by the Hon. Supreme Court and categories are being formed. It is submitted that looking to the guidelines formulated by the Supreme Court, there is no requirement of arrest of the present applicant. On these grounds, he has prayed for grant of anticipatory bail to the applicant.

Per contra, counsel appearing for the State has vehemently opposed the application stating that there are specific allegations against the present applicant in outraging the modesty of the victim. Her statements recorded under Sections 161 and 164 of Cr.P.C. clearly support the prosecution story. The allegation against the applicant is that he caught hold the hand of the victim, dragged her out of the house and tried to outrage her modesty, but on her screaming, her mother-in-law came there, therefore, the applicant ran away. In such circumstances, the offences are clearly made out. No case for grant of anticipatory bail is made out. He has prayed for rejection of the application.

Considering the overall facts and circumstances of the case, this Court does not deem it appropriate to allow this anticipatory bail application.

Accordingly, the application is rejected.

He is directed to surrender and apply for regular bail.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.05.05 11:48:45 IST