Raghvendra Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 12926 MP

Madhya Pradesh High Court

Raghvendra Lodhi vs The State Of Madhya Pradesh on 8 May, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                   ON THE 8 th OF MAY, 2024
                                         MISC. CRIMINAL CASE No. 18454 of 2024

                          BETWEEN:-
                          RAGHVENDRA LODHI S/O SH. SALIGRAM LODHI,
                          AGED-25 YEARS, OCCUPATION: LABOUR R/O VILL.
                          JAITPUR DISTRICT DATIA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (BY SHRI A.S. JADON - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION CANTT.
                          DISTRICT GUNA (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI SUSHANT TIWARI - GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                               ORDER

1. This is first application under Section 438 of the Cr.P.C filed by the

applicant who is aged about 25 years is apprehending his arrest in connection with Crime No.394/2024, registered at Police Station- Cantt. Guna for the offence punishable under Sections 34(2) of M.P. Excise Act.

2. It is the submission of learned counsel for applicant that applicant who is aged about 25 years is apprehending his arrest on the basis of registration of offence as referred above. He is innocent and has been falsely implicated. He is implicated on the basis of statement given by the group of villagers, he has

nothing to do with the present offence and the liquor (67.05 liter) total 90 bottles

which was seized by the police authority does not belong to the present applicant. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience especially when applicant does not bear any criminal record. Applicant undertakes to cooperate in investigation/trial. Under these grounds, he prayed for anticipatory bail. While placing reliance in the matter of Naresh Kumar vs. State of M.P. reported in (2004) 4 MPHT 205, it was contended that when no offence inviting frown of Section 59-A of the M.P. Excise Act, is made out, anticipatory bail is no bar

3. Learned counsel for respondent/State opposed the prayer for bail on the basis of allegations.

4. Heard the counsel for the parties and perused the case diary.

5. Considering the submissions advanced by the learned counsel for the applicant and judgment cited, this Court intends to allow this anticipatory application. Accordingly, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer.

6. This order will remain operative subject to compliance of the following conditions by the applicant:-

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

ii. The applicant will cooperate in the investigation/ trial, as the case may be;

iii. The applicant 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.

iv. The applicant shall not commit an offence similar to the offence of which he is accused;

v. The applicant will not seek unnecessary adjournments during the trial; vi. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

vii. The applicant shall mark his appearance before the concerned Police Station on first and 15th day of every month between 10.00 am to 2.00 pm till filing of charge sheet.

7. Application stands allowed and disposed of.

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

9. Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Chandni