Madhya Pradesh High Court
Ram Lakhan Dhakad vs The State Of Madhya Pradesh on 19 July, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 19th OF JULY, 2022
MISCELLANEOUS CRIMINAL CASE No. 34971 of 2022
Between:-
RAM LAKHAN DHAKAD S/O SHRI
MOTIRAM DHAKAD, AGED 40
YEARS, OCCUPATION
AGRICULTURIST, R/O VILLAGE
KHUMAN KA PURA, POLICE
STATION KELARAS, DISTRICT
MORENA (MADHYA PRADESH)
........APPLICANT
(BY SHRI R.K. SHARMA - SR. ADVOCATE WITH MS.
BHAVYA SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION
KELARAS DISTRICT MORENA
(MADHYA PRADESH)
........RESPONDENT
(SHRI PPS VAJEETA - PUBLIC PROSECUTOR FOR STATE
AND SHRI P.S. BHADORIYA - ADVOCATE FOR COMPLAINANT)
----------------------------------------------------------------------------------------
This application coming on for hearing this day, the Court passed
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the following:
ORDER
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. First application of the applicant was dismissed as
withdrawn by order dated 27.06.2022 passed in M.Cr.C. No.30792/2022.
The applicant has been arrested on 09.06.2022 in connection with
Crime No.178/2022 registered at Police Station Kelaras, District Morena
for offence under Sections 365, 452, 354, 354-A, 323, 294, 506-B and 34
of IPC and Section 11/13 of MDPVPK Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, on 17.04.2022 the prosecutrix / complainant lodged
an FIR on the allegations that at about 09:45 AM, the applicant and the
co-accused came to her house and started beating her son. When she tried
to rescue him, she was also beaten by co-accused Bhupendra and
applicant Ramlakhan, thereafter they took her and her son in a car to
Rijhoni Road. On the way, applicant Ramlakhan outraged her modesty by
pressing her breast and after they received an information that the police
has reached on the spot, the complainant and her son were thrown out of
the car. It is submitted that the allegations are false. From the MLC of the
complainant as well as her son, it is clear that the complainant sustained
only one swelling on tip of middle finger of left hand and had also
complained of pain in right knee, but no external injury was seen and the
son of the complainant had suffered one contusion over left forearm and
one abrasion over right ear. Thus, the allegation that they were badly
beaten by the applicant and co-accused persons is belied by the medical
evidence. It is submitted that all other co-accused persons have been
granted bail, but he was denied bail because there was an additional
allegation that he had outraged the modesty of the complainant by
pressing her breast. The applicant is in jail from 09.06.2022, i.e., from
1½ 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.
Considering the period of detention as well as nature of allegations
made against the applicant, coupled with the fact that all other co-
accused persons have been granted bail, 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
Abhi ABHISHEK
CHATURVEDI
2022.07.21
16:40:57
+05'30'
