Malkhan Lodhi vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

I.A.No.15126/2023, an application under Section 301(2) of CrPC for assisting the Public Prosecutor is taken up, considered and allowed for the reasons mentioned therein.

Shri Suresh Agrawal - Advocate and his associates are permitted to assist the prosecution on behalf of the complainant.

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.386/2023 registered at Police Station Pichhore, District Shivpuri (M.P.), for an offence punishable under Sections 354, 457 of IPC and added Sections 376, 450 of IPC. The applicant is in judicial custody since 22/07/2023.

As per the case of prosecution, on 20/07/2023, prosecutrix along-with her brother-in-law Brajpal appeared at Police Station Pichhore, District Shivpuri and reported that on 19/07/2023 around 11:30 in the night, applicant/accused entered house of prosecutrix and assaulted her with intention to outrage her modesty. Hearing the shouts of prosecutrix, neighbor Ramkishan and brother-in-law of the prosecutrix reached on spot of incident, thereafter, applicant/accused fled away. On such allegations, Police Station Pichhore registered FIR No.386 of 2023 for offence punishable under Sections 354 and 457 of IPC. The statement of prosecutrix under Section 161 of CrPC was recorded on 20/07/2023, thereafter, her supplementary statement under Section 161 of CrPC was recorded on 21/07/2023. Later on, her statement under Section 164 of CrPC was recorded on 22/07/2023. The statements of other witnesses have also been recorded. Investigation is almost complete.

Learned counsel for the applicant submits that applicant has falsely been implicated in the matter. Jalim Singh, father of the applicant stood surety for husband of the prosecutrix in S.T.No.316 of 2019 for offence punishable under Section 376-B and 366 of IPC. Husband of the prosecutrix absconded, therefore, permanent arrest warrant was issued against him. Jalim Singh being surety for husband of prosecutrix assisted police in arrest of her husband. As a counter-blast, applicant has been falsely implicated in this matter. Learned counsel for the applicant further contends that initially offence of assault to outrage modesty was alleged which was later converted into offence of rape after due deliberation. Applicant is agriculturist by profession. Applicant is a permanent resident of village Nayagaon, District Shivpuri (M.P.). There is no likelihood of his absconding leaving family and property. The investigation is almost complete, therefore, there is no likelihood of interfering with the investigation. Jail incarceration is causing financial hardship to the family of the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned counsel for the State ably assisted by learned counsel for the objector/prosecutrix opposes the bail application on the ground of gravity of the offence. Learned counsel for objector further contends that considering the direct allegations making out an offence of rape, the applicant may not be released on bail.

On request of the Court, learned counsel for the State read out the FIR and statement of prosecutrix recorded under Section 161 of CrPC on 20/07/2023. Learned counsel fairly concedes that no allegation of rape is reflected in FIR or in the statement. Learned counsel for the State further submits that the allegation of rape first surfaced in supplementary statement recorded on 21/07/2023 and statement recorded under Section 164 of CrPC. Learned counsel further submits that the story narrated in FIR and in the statement recorded under Section 164 of CrPC defers in certain particulars.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Malkhan Lodhi shall be released on bail in connection with Crime No.386/2023 registered at Police Station Pichhore, District Shivpuri (M.P.), for an offence punishable under sections 354, 457 of IPC and added Sections 376, 450 of IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance.

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

C.C. as per rules.