Mahesh Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 4536 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-15831-2022
               Mahesh Lodhi Vs. State of MP

Gwalior, Dated: 30.03.2022

      Shri Pallav Tripathi, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the State.

      Case Diary is available.

      This second application under Section 439 of CrPC has been

filed for grant of bail. First application was dismissed by order dated

14.02.2022

passed in M.Cr.C. No.7811/2022.

The applicant has been arrested on 02.11.2021 in connection

with Crime No.85/2020 registered at Police Station Khaniyadhana

Distt. Shivpuri for offence under Section 392 of IPC and Section

11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that the

previous bail application of the applicant was dismissed in view of

the criminal antecedents of the applicant. It is further submitted that

according to the prosecution case, the complainant was robbed and

his motorcycle, an amount of Rs.5,150/- and a mobile worth Rs.500/-

were taken away. It is submitted that neither the motorcycle nor

mobile of the complainant has been seized from the possession of the

applicant. The applicant is in jail from 02.11.2021. The Trial is likely

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

absconding or tampering with the prosecution case. It is further

submitted that this Court has granted bail to the co-accused Lakhan

THE HIGH COURT OF MADHYA PRADESH MCRC-15831-2022 Mahesh Lodhi Vs. State of MP

Singh by order dated 03.12.2021 passed in M.Cr.C. No.58207/2021.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and as many as 12 more criminal cases have been registered

against him.

In view of the period of detention 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) 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 2022.03.31 18:48:34 +05'30'