Amit Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 1561 MP

Citation : 2022 Latest Caselaw 1561 MP
Judgement Date : 3 February, 2022

Madhya Pradesh High Court

Amit Lodhi vs The State Of Madhya Pradesh on 3 February, 2022

Author: Gurpal Singh Ahluwalia

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           THE HIGH COURT OF MADHYA PRADESH
                          MCRC No. 2422/2022
           (AMIT LODHI Vs THE STATE OF MADHYA PRADESH)

                        Through Video Conferencing

Gwalior, Dated : 03/02/2022

      Shri Prakhar Dhengula, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Shri Vivek Khedkar, Counsel for complainant.

      Case diary is available.

      Heard on I.A. No.2071/2022, an application for correction in

the bail application.

      By this application, the applicant has sought permission to

delete the declaration with regard to dismissal of SLP (Crl.)

No.4765/2021.

       It is submitted Counsel for the applicant that in fact neither the

applicant nor any co-accused in this case have ever approached the

Supreme Court.

      Accordingly, I.A. No.2071/2022 is allowed.

      This first application has been filed under Section 439 of Cr.P.C.

for grant of bail.

      The applicant has been arrested on 04.12.2021 in connection

with Crime No.257/2021 registered by Police Station - Gyaspur,

District Vidisha for offence punishable under Sections 294, 323, 341,

506, 325, 326 r/w 34 of IPC.

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

prosecution case, the injured Babulal was assaulted by three persons,
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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 2422/2022
          (AMIT LODHI Vs THE STATE OF MADHYA PRADESH)

namely, Vikram, Sangram and Amit Lodhi (applicant). Amit was

allegedly carrying a knife and he assaulted twice by knife. However,

as per the MLC report, only lacerated wounds were found and no

incised wound or penetrating wound was found. It is submitted that

the allegations made against the applicant are not corroborated by the

medical evidence. The applicant has no criminal history. The trial is

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

absconding or tampering with prosecution case.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. However, it is fairly conceded that no incised

wound was found on the body of the injured Babulal. It is further

submitted that as per case diary, applicant has no criminal history.

Heard the learned counsel for the parties.

Considering the period of detention as well as considering the

allegations and without commenting on the merits of the case, 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 Only) 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 the trial but in

case of bail jump, it shall become ineffective.