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Madhya Pradesh High Court · body

2020 DIGILAW 176 (MP)

Dharmendra Singh Lodhi v. State Of M. P.

2020-02-03

SHEEL NAGU

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JUDGMENT 1. Learned counsel for the rival parties are heard. 2. The petitioner has filed this first application u/S. 439 of Cr.P.C. for grant of bail. 3. The petitioner has been arrested on 9/9/2019 in connection with Crime No. 283/2019 registered by Police Station Chanderi, District Ashoknagar (M.P.) in relation to the offences punishable u/S.302 IPC & Sec. 25/27 of the Arms Act. 4. Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 5. Petitioner is alleged with murder. There is no direct evidence but the statement of one of the PWs recorded u/S. 161 Cr.P.C. after nearly 2 months of the incident had expressed suspicion against petitioner of being involved in the offence due to extra marital affairs between the deceased -wife of the complainant and petitioner. 6. Considering the aforesaid and the fact that charge-sheet is filed after conclusion of investigation coupled with other facts that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner but with certain stringent condition in view of nature of offence. 7. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs. 25,000/- to the satisfaction of the concerned Trial Court. 8. This order will remain operative subject to compliance of the following conditions by the petitioner:-- 1. The petitioner will comply with all the terms and conditions of the bond executed by him; 2. The petitioner will cooperate in the investigation/trial, as the case may be; 3. The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The petitioner will cooperate in the investigation/trial, as the case may be; 3. The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The petitioner shall not commit an offence similar to the offence of which he is accused; 5. The petitioner will not seek unnecessary adjournments during the trial; and 6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial. A copy of this order be sent to the trial Court concerned for compliance. C.c. as per rules.