Deepesh Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7177 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                        ON THE 2 nd OF MAY, 2023
                  CRIMINAL APPEAL No. 5942 of 2023

BETWEEN:-
DEEPESH LODHI S/O HAJARILAL LODHI, AGED ABOUT
20 YEARS, RESIDENT OF GRAM HAMIDPUR TEHSIL
AND POLICE STATION TYONDA, VIDISHA (MADHYA
PRADESH)

                                                             .....APPELLANT
(BY SHRI SHUBHAM GUPTA - LEARNED ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH POLICE STATION
      TYONDA, VIDISHA (MADHYA PRADESH)

2.    PR OS ECUTR IX THROUGH POLICE STATION
      TYONDA DISTT. VIDISHA VIDISHA (MADHYA
      PRADESH)

                                                          .....RESPONDENTS
(BY SHRI DINESH SAVITA - LEARNED PANEL LAWYER )

      This appeal coming on for HEARING this day, th e court passed the

following:
                                    ORDER

The appellant has filed this FIRST Criminal Appeal under Section 14- A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 21/03/2023, passed by Special Judge (SC/ST Act), Vidisha (M.P.), whereby bail application under Section 439 of Cr.P.C. of the appellant has been rejected.

The appellant has been arrested on 06/03/2023 by Police Station Tyonda

District Vidisha (MP) in connection with Crime No.51/2023 registered in relation to the offences punishable Sections 376(2)(n) and 506 of the IPC and Sections 3(1)(w)(i), 3(2)(va) and 3(2)(v) of the of the SC/ST Act.

It is the submission of learned counsel for the appellant that appellant is suffering confinement since 06/03/2023 and no custodial interrogation is required. It is submission of learned counsel for the appellant that statement under Section 161 and 164 of the Cr.P.C. indicate that consensual nature of relationship shared by the parties. It appears that prosecutrix and appellant shared emotional and physical proximity without any resistance and when appellant turned down the offer of the prosecutrix to marry her then this case

has been registered. Appellant does not bear any criminal record except one case of minor domination of offence under Section 323 of the IPC. Appellant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant. Under these grounds, he prayed for bail. Under these grounds, he prayed for bail.

Learned Panel Lawyer for the respondent/State opposed the prayer made by the appellant and prayed for dismissal of this appeal.

Both the parties are heard finally and perused the case diary. Considering the submissions advanced and nature of allegations as well as statement recorded under Section 164 of the Cr.P.C coupled with the judgment of Hon'ble Apex Court in the case of of Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra, AIR 2019 SC 327 and in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra, AIR 2019 SC 4010, but without expressing any opinion on merits of the case, this appeal is allowed and it is directed that the appellant be released on bail on furnishing a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions :-

1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The appellant will not commit an offence similar to the offence of which he is accused;

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The appellant shall not move in the vicinity of the prosecutrix in

any manner and shall not try to contact her through electronic mode or through person and would not cause any embarrassment or harassment to the prosecutrix, otherwise benefit of his bail application shall immediately be withdrawn.

Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.

(ANAND PATHAK) JUDGE Prachi

PRACHI MISHRA 2023.05.03 10:20:04 +05'30'