Madhya Pradesh High Court
Dharmendra Lodhi vs The State Of Madhya Pradesh on 12 January, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.62208/2021
(DHARMENDRA LODHI VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 12/01/2022
Shri D.R. Sharma, learned counsel for the applicant.
Shri A.K.Nirankari, learned counsel for the State.
Case diary is available.
This second repeat application under Section 439 of Cr.P.C.
has been filed for grant of bail. First bail application of the
applicant was dismissed as withdrawn by order dated 30/09/2021
passed in MCRC No.46651/2021.
The applicant has been arrested on 16/08/2021 in connection
with Crime No.271/2021 registered at Police Station
Khaniyadhana, District Shivpuri for offence under Section 363,
376, 342 and 366 of IPC and Section 5/6 of the POCSO Act.
It is submitted by the counsel for the applicant that the first
bail application of the applicant was rejected with liberty to revive
the prayer after the examination of the prosecutrix. The prosecutrix
has been examined and she has stated that she is aged about 16
years and she was taken by the applicant and the absconding co-
accused Indra Pal on a motorcycle to forest area. It is was alleged
by the prosecutrix that she was raped by co-accused Indra Pal. In
cross-examination, she further stated that the applicant had neither
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.62208/2021
(DHARMENDRA LODHI VS. STATE OF M.P.)
touched her nor had talked to her. The only allegations are that at
the time of the commission of offence, the applicant was standing
on the spot. It is submitted that whether the applicant was having
any mens rea with co-accused Indra Pal or not is yet to be decided
by the Trial Court. He is in jail from 16/08/2021. 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.
Considering the facts and circumstances of the case, 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.62208/2021
(DHARMENDRA LODHI VS. STATE OF M.P.)
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: 2022.01.12
17:27:36 -08'00'
