Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 912 (MP)

Rajaram Lodhi v. State Of Madhya Pradesh

2020-09-15

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail. 3. Applicant is in custody since 24.05.2020 in connection with Crime No.252/2020 registered at Police Station Gotegaon, District Narsinghpur (M.P.) for the offences punishable under Sections 302, 201, 294, 323, 34 of IPC and 25, 27 of Arms Act. 4. As per prosecution, a free fight occurred on the dispute of digging of the field in which both the complainant and the accused party had received injuries. 5. It is submitted by the learned counsel that the allegation against the present applicant is that he assaulted the complainant using Lathi and caused him injuries on head and hand. It is further submitted that a cross case has also been registered against the complainant party which is registered at Crime No.253/2020. It is submitted that the applicant has also received injuries in the altercation. 6. Learned Panel Lawyer for the State though opposed the bail application, however, she fairly submits that this is the case of free fight and a cross-case has also been registered against the complainant. The complainant and the present applicant both have received simple injuries in the altercation. 7. Considering the age of the present applicant, who is 70 years of age and there is no allegation against him regarding assaulting the deceased, this application is allowed. 8. It is directed that applicant Rajaram shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial. 9. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by him. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 10. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Anjali Shrivastava, learned Panel Lawyer, on their respective e-mail address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. 11. Certified copy/e-copy as per rules/directions.