Madhya Pradesh High Court
Deepu vs The State Of Madhya Pradesh on 3 March, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH MCRC No.10152/2022 (DEEPU VS. STATE OF M.P.) Gwalior, Dated : 03/03/2022 Shri Purushottam Rai, learned counsel for the applicant. Shri A.K.Nirankari, learned counsel for the State. Case diary is available.
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 01/09/2021 passed in MCRC No.43075/2021.
The applicant has been arrested on 28/12/2020 in connection with Crime No.836/2020 registered at Police Station Dabra City, District Gwalior for offence under Sections 307, 394, 341 of IPC, Section 11 and 13 of MPDVPK Act and Sections 25 and 27 of the Arms Act.
It is submitted by the counsel for the applicant that all the material witnesses including the victim have turned hostile and they have not supported the prosecution case. At present there is no substantive evidence against the applicant. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the deposition 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.10152/2022 (DEEPU VS. STATE OF M.P.) of the witnesses, it is fairly conceded that they have not supported the prosecution case. It is submitted that it appears that either the complainant/victim had lodged a false report or they have not narrated the truth before the Court, therefore, they are liable to be prosecuted.
So far as the prosecution of the complainant/victim is concerned, it is for the Trial Court to address on this issue. Accordingly, it is directed that while passing the final judgment, the Trial Court shall decide as to whether the prosecution of the witnesses/complainant/victim is warranted or not.
Considering the fact that all the material witnesses have turned hostile and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.10152/2022 (DEEPU VS. STATE OF M.P.) 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2022.03.03
14:38:54 -08'00'