Madhya Pradesh High Court
Mukesh Lodhi vs The State Of Madhya Pradesh on 11 March, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11065/2022
Mukesh Lodhi vs. State of M.P.
Gwalior, Dated : 11/03/2022
Shri Mukesh Kumar Bhatele, Counsel for the applicant.
Shri N.K. Gupta, Counsel for the respondent/State.
Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for
grant of bail.
The applicant has been arrested on18.2.2022 in connection with
Crime No.15/2022 registered by Police Station - Morar, District -
Gwalior for offence punishable under Sections 457, 380, 511, 393 of
IPC and Section 11, 13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, the applicant along-with other co-accused
persons clandestinely entered inside the Gaushala in order to commit
theft. Although one co-accused Rahul Lodhi was apprehended on the
spot but other three persons succeeded in running away and it is also
alleged that one gunshot was also fired in air. The applicant is in jail
from 18.2.2022. The applicant may also be extended the same benefit
of bail which has been given to co-accused Rahul Lodhi. The
applicant is ready and willing to abide by any condition which may be
imposed by the Court including the condition on which the co-accused
Rahul Lodhi was released on bail. It is further submitted that the
applicant is ashamed of his misdeeds and in order to show his
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11065/2022
Mukesh Lodhi vs. State of M.P.
bonafides, he is also ready and willing to donate Rs.50,000/- to
Laltipara Gaushala for care and treatment of cows. 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 opposed by the counsel for the
respondent/State.
The co-accused Rahul Lodhi has been granted bail by order
dated 20.1.2022 passed in M.Cr.C.No.1973/2022 with the following
observations:
"In reply, it is submitted by Counsel for
applicant that it is true that applicant was
apprehended on the spot, however, he is ashamed
of his misdeeds and in order to show his bonafide,
he is ready to donate Rs. 50,000/- to Laltipara
Gaushala for the care and treatment of the cows.
In view of the submission made by Counsel
for the applicant, this Court is of the considered
opinion that as the applicant has no criminal
history, one more opportunity should be granted
to the applicant to improve himself.
Accordingly, without commenting on the
merits of the case, the application is allowed. It is
directed that subject to donating an amount of
Rs.50,000/- (Rs. Fifty Thousand Only) to
Laltipara Gaushala and on producing the receipt
thereof as well as 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,
the applicant be released on bail to appear before
the Court on the dates given by the concerned
Court."
Accordingly, without commenting on the merits of the case, this
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11065/2022
Mukesh Lodhi vs. State of M.P.
application is also allowed. It is directed that subject to donating an
amount of Rs.50,000/- (Rs. Fifty Thousand Only) to Laltipara
Gaushala and on producing the receipt thereof as well as 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, the applicant be released on bail 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.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
Certified copy as per rule.
(G.S. Ahluwalia)
Judge
(alok)
ALOK KUMAR
2022.03.11 15:46:47 +05'30'
