Mangal Singh Lodhi vs State Of M.P

Rajeev Kumar Dubey, J

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

Applicant Mangal Singh Lodhi was arrested on 28.02.2021 in Crime No.32/2021 registered at Police Station Gadhi Malhera, District Chhatarpur for

the offence punishable under Sections 458, 460, 302, 147, 148, 149, 120B, 150, 201, 460 of IPC and Section 25,27 of the Arms Act.

As per the prosecution case, on 17.02.2021 complainant Ravindra Patel lodged a report at police station Chhatarpur averring that on 16.02.2021 at

around 11 pm his father Ghanshyam Patel went to his field from his house when in the morning at 6:00 am his mother Kasturi Bai went to the field she

found that somebody had murdered him and his deadbody was lying there. On that, police registered Crime No. 32/2021 and investigated the matter

during investigation it was found that applicant Mangal Singh Lodhi and co-accused Mangal Prasad Athya, Dharmendra Athya, Mithlesh Shrivas,

Purushottam @ Sonu Kushwaha, Ashok Shrivas and Raghuraj Shrivas, murdered the deceased Ghanshyam Patel due to old enmity. On that police

arrested the applicant and other co-accused persons and seized one stick from the possession of applicant Mangal Singh Lodhi, one iron rod and one

stick from the possession of co-accused Mangal Prasad Athya and Dharmenra Athya respectively and one stick and one iron rod from the possession

of co-accused Ashok Shrivas and Raghuraj Shrivas respectively.

Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. There is no

eyewitness of the incident and there is no direct evidence on record to connect the applicant with the crime. Police only the basis of memorandum of

applicant and seizure of one stick from the possession of applicant Mangal Singh Lodhi implicated the applicant in the crime while only on that basis it

cannot be said that applicant murdered the deceased Ghanshyam Patel. It is further submitted that even in the seizure memo it is not mentioned that

human blood was found on that seized article. Charge sheet has been filed. Applicant has been in custody since 28.02.2021, charge sheet has been

filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that in the statement of wife of the

deceased Kasturi Bai it is mentioned that she doubted that applicant and other co-accused persons murdered her husband. Police also seized call

details and tower location of mobiles of applicant and from the tower location of applicant it appears that at the night of incident applicant was present

near the spot which shows that applicant murdered the deceased Ghanshyam Patel. There was enmity between the applicant and deceased

Ghanshyam Patel, so he gas motive to murder the deceased. Hence, applicant should not be released on bail.

Looking to the facts and circumstances of the case and the strength of evidence collected by the prosecution against the applicant during investigation

and the fact that there is no direct evidence on record to connect the applicant with the crime, the applicant in custody since 28.02.2021, charge sheet

has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the

applicant be released on bail upon his furnishing 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 concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the

trial Court during the pendency of trial.

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

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

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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;

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.