Om Prakash Lodhi vs State Of Madhya Pradesh

Sunita Yadav, J

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

The applicant is in custody since 30/07/2021 in connection with Crime No.141/2021 registered at Police Station Gulabganj, District Vidisha (M.P.) for the offences punishable under Sections 419, 420, 467, 468, 471 Indian Penal Code.

As per prosecution story, the applicant along with co-accused involved i n the fraudulent activities in the matter of false promises to the innocent persons to provide employment in Railways on a consideration of Rs.5,00,000/-. They collected an amount of Rs.20,00,000/- and thereafter betrayed. Accordingly, the case has been registered.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. Applicant has no criminal antecedents. Challan has been filed and the trial is in progress. Applicant has suffered jail incarceration since 30/07/2021. It is further submitted that earlier co-accused Jagdish Prasad has been released on bail vide order dated 13/05/2022 passed in M.Cr.C. No. 23360/2022 and he claims parity to co-accused Jagdish Prasad. Applicant is the sole bread earner of the family. Due to jail incarceration, his family is in penury and on the verge of starvation. Besides the entire prosecution story is pointed towards co-accused as it is well evident from the statements of victims recorded under Section 161 Cr.P.C. It is lastly submitted that trial is not likely to be concluded early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that the applicant has indulged in fraudulent activities cheating the people with huge amount on false promises of providing employment in Railways. Hence, no exception can be taken in the matter of enlargement of the applicant on bail. Under such circumstances, the applicant does not deserve to be enlarged on bail.

Upon hearing learned counsel for the parties though this Court refrains from commenting upon the rival contentions touching merits of the case, regard being had to the fact that the applicant is in jail since 30.07.2021; challan has been filed and trial is in progress, the applicant is held entitled to be enlarged on bail but with stringent conditions.

Consequently, the application of the applicant filed under Section 439 of the Code of Criminal Procedure, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Code of Criminal Procedure, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19, then the consequential follow up action or any further test required, be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(iv) on violation of conditions, State is free to apply for cancellation of bail.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuses the bail granted by this Court, this bail order shall stand cancelled automatically.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the pending trial.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Certified copy as per rules.