Ghanshyam Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 566 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC.89/2022
               Ghanshyam Lodhi v. State of M.P

Gwalior, Dated: 12.01.2022

      Shri Rajiv Sharma, counsel for the Applicant.

      Shri Naval Gupta, Counsel for the State.

      Case diary is available.

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

filed for grant of bail. Previous application was dismissed by order

dated 21.09.2021 passed in M.Cr.C. No. 39085/2021.

      The applicant has been arrested on 09.02.2021 in connection

with Crime No.26/2021 registered at Police Station Gyaraspur Distt.

Vidisha for offence under Sections 363, 366, 376, 376 (2) (n) of IPC

and 5/ 6 of POCSO Act, 2012.

      It is submitted by the counsel for the applicant that prosecutrix

has been examined and she has not alleged rape against the applicant.

Although, the second bail application was rejected by order dated

21.09.2021

in the light of the judgment passed by the Supreme Court

in the case of Anversinh @ Kiransinh Fatesinh Zala Vs. State of

Gujarat passed on 21.01.2021 in CRA No.1919/2010, but the

applicant is in jail for the last more than nine months. The Trial is

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

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that since no sperms or human

THE HIGH COURT OF MADHYA PRADESH MCRC.89/2022 Ghanshyam Lodhi v. State of M.P

semen were found in the FSL report, therefore, blood sample of the

applicant was not collected for sending the same for DNA test.

However, it is fairly conceded that prosecutrix has not supported the

prosecution case so far as the allegation of rape is concerned.

Considering the period of detention, 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) 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) Judge ar

ABDUR RAHMAN 2022.01.12 17:30:46 +05'30'