Suresh Lodhi Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046783
CourtMadhya Pradesh High Court
Decided OnMar-07-2013
AppellantSuresh Lodhi
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2302/2013 7.3.2013 shri a.d.mishra, advocate for the applicant. shri r.k.kesarwani, pl for the state. this is the firs.bail application filed by the applicant under section 439 of the cr.p.c.for grant of bail. the applicant is in custody since 15.6.2011 in connection with crime no.44/2011 registered at p.s.budera, district tikamgarh for the offence punishable under sections 363, 366, 376/34 of the ipc. learned counsel for the applicant submits that the applicant has been falsely implicated in the case. during trial, the prosecutrix and her father did not support the prosecution case. the applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail. learned counsel for state has opposed the application. on due consideration of the contention raised by the learned counsel for the parties and over all facts and circumstances of the case, i am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of rs.25,000/- (rs.twenty five thousand only) with one surety in the like amount to the satisfaction of the committal court/trial court for securing his presence before the said court on all the dates of hearing fixed in this regard during trial. certified copy as per rules. (g.s.solanki) judge pb
Judgment:

M.Cr.C.No.2302/2013 7.3.2013 Shri A.D.Mishra, Advocate for the applicant.

Shri R.K.Kesarwani, PL for the State.

This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.

The applicant is in custody since 15.6.2011 in connection with Crime No.44/2011 registered at P.S.Budera, District Tikamgarh for the offence punishable under sections 363, 366, 376/34 of the IPC.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case.

During trial, the prosecutrix and her father did not support the prosecution case.

The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.

Learned counsel for State has opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and over all facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.

(G.S.Solanki) Judge PB