Madhya Pradesh High Court
Lalit @ Lalla vs The State Of Madhya Pradesh on 30 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:2480
1 MCRC-1452-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 30th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 1452 of 2025
LALIT @ LALLA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Applicant by Shri Yogesh Gupta - Advocate.
Respondent - State of Madhya Pradesh by Shri Virendra Khadav -
Government Advocate appearing on behalf of Advocate General.
Complainant - objector by Shri Sagar Gupta - Advocate.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
by applicant – Lalit @ Lalla S/o Heeralal Nirgude for grant of regular bail,
who has been arrested on 13.10.2024 in connection with Crime No.762 of
2024 registered at Police Station Rajendra Nagar, Indore, District Indore
(M.P.) for commission of offence under Sections 3 (5), 296, 109, 115 (2) and
351 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Learned counsel for the applicant submits that the applicant is
suffering incarceration since 13.10.2024 and has falsely been implicated in
the case. The only allegation against him is that of assaulting injured Kanha
by kicks and fists along with other co-accused persons. It is further
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 30-01-2025
19:38:52
NEUTRAL CITATION NO. 2025:MPHC-IND:2480
2 MCRC-1452-2025
submitted that there is no sufficient evidence available on record to establish
the complicity of the accused with the alleged crime. Investigation is
complete and charge sheet has been filed. There is no likelihood of his
absconsion leaving his family, home and profession and also there is no
likelihood of tampering with evidence by applicant. Final conclusion of the
trial will take considerable long time, therefore, learned counsel prays for
allowing the bail application and for grant of bail.
3. Learned counsel appearing for the complainant – objector submits
that the complainant has no objection if bail is granted to the applicant.
4. Per contra, learned counsel for the respondent / State has
vehemently opposed the prayer on the ground that the applicant along with
other co-accused persons in furtherance with common intention has
committed serious offence. Seventeen criminal cases have been registered
against the applicant from the year 2019 to 2024 in different police stations
of Indore District. The details of which are as under:
1. Crime No.422/2019, dated 07.06.2019 under Sections
294, 324, 327 & 506/34 of IPC registered at Police
Station Bhanwarkuwa District Indore
2. Crime No.108/2020, dated 17.03.2020 under Sections
294, 324, 327 & 506/34 of IPC registered at Police
Station Bhanwarkuwa, District Indore
3. Crime No.424/2020, dated 15.07.2020 under Sections
336/34 of IPC & 25/27 Arms Act registered at Police
Station Bhanwarkuwa District Indore
4. Crime No.527/2020, dated 20.09.2020 under Sections
294, 323 & 506/34 of IPC registered at Police Station
Bhanwarkuwa, District Indore
5. Crime No.638/2020, dated 18.11.2020 under Sections
147, 148, 149, 294, 325, 427, 452 & 506/34 of IPCSignature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 30-01-2025
19:38:52
NEUTRAL CITATION NO. 2025:MPHC-IND:24803 MCRC-1452-2025
registered at Bhanwarkuwa, District Indore
6. Crime No.244/2022, dated 27.02.2022 under Sections
294, 324, 323 & 506/34 of IPC registered at Police
Station Bhanwarkuwa
7. Crime No.243/2022, dated 26.07.2022 under Sections
294, 325, 327 & 506/34 of IPC registered at Police
Station Bhanwarkuwa
8. Crime No.639/2022, dated 26.06.2022 under Section
13 Gambling Act registered at Police Station
Bhanwarkuwa
9. Crime No.744/2022, dated 19.06.2022 under Sections
399 & 402 of IPC & 25 Arms Act registered at Police
Station Bhanwarkuwa
10. Crime No.857/2022, dated 18.09.2022 under
Section 13 Gambling Act registered at Police Station
Bhanwarkuwa
11. Crime No.382/2020, dated 27.07.2020 under
Section 25 Arms Act registered at Police Station
Badgonda
12. Crime No.376/2020, dated 26.07.2020 under
Sections 294, 323, 427 & 506/34 of IPC registered at
Police Station Badgonda
13. Crime No.1032/2022, dated 06.10.2022 under
Sections 120-B, 323, 341, 342, 364-A & 506/34 of IPC
& 25 Arms Act registered at Police Station
Bhanwarkuwa
14. Crime No.200/2023, dated 24.08.2023 under
Sections 294, 323, 327, 427, 452 & 506/34 of IPC
registered at Police Station Bhanwarkuwa
15. Crime No.183/2021, dated 27.05.2021 under
Sections 294, 323, 427 & 506/34 of IPC registered at
Police Station Annapurna
16. Crime No.38/2022, dated 27.01.2022 under Sections
307, 294, 324, 326, 341 & 506/34 of IPC & 25 Arms
Act registered at Police Station Annapurna AND
17. Crime No.762/2024, dated 12.10.2024 under
Sections 296, 109, 115 (2), 351 (3) & 3 (5) BNS, 2023
registered at Police Station Rajendra Nagar.
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 30-01-2025
19:38:52
NEUTRAL CITATION NO. 2025:MPHC-IND:2480
4 MCRC-1452-2025
On the above premises, learned counsel prays for dismissal of the bail
application.
5. Heard learned counsel for the parties and perused the case diary.
6. Looking to the criminal antecedents and act of the accused, which is
in furtherance of common intention of all the persons and even if the
complainant has no objection, this Court is not inclined to grant benefit of
bail to the applicant.
7. Accordingly, this M.Cr.C. is dismissed.
Pending interlocutory application, if any, also stands disposed off.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 30-01-2025
19:38:52
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