Madhya Pradesh High Court
Hajarilal Tanwar vs The State Of Madhya Pradesh on 30 May, 2019
1 MCRC-22019-2019
The High Court Of Madhya Pradesh
MCRC-22019-2019
(HAJARILAL TANWAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 30-05-2019
Shri Pradeep Katare, counsel for the applicant.
Shri M.S. Rawat, Public Prosecutor for the respondent/State.
This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 14.03.2018 in connection with Crime No.76/2018 registered at Police Station Chachouda, District Guna for offence under Sections 376, 450 of IPC.
It is submitted by the counsel for the applicant that since the prosecutrix was a mentally retarded girl, therefore, her statement under Section 161 of Cr.P.C. was not recorded. The father and mother of the prosecutrix have turned hostile. At present, there is no substantive evidence against the applicant and the trial is likely to take sufficiently long time. The applicant is in custody since 14.03.2018 and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the State.
However, after going through the deposition sheets of mother and father of the prosecutrix, it is fairly conceded by the State Counsel that they have turned hostile. It is further submitted that either a false FIR was lodged or the witnesses have not narrated the truth before the Trial Court and under these circumstances, they should be prosecuted.
So far as the submission made by the State Counsel is concerned, it is for the Trial Court to consider the matter while deciding the trial and the Trial Court is directed to consider that aspect also in the light of the observations made by the Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State of Gujarat, passed on 28.9.2018 in Criminal Appeal No.913/2016.
Considering the aforesaid facts and circumstances of the case as well as the period of detention and without commenting on the merits of the case, 2 MCRC-22019-2019 the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees forty thousand only) 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 the trial, but in case of bail jump, it shall become ineffective.
CC as per rules.
(G.S. AHLUWALIA) V. JUDGE shanu* SHANU RAIKWAR 2019.05.30 14:59:32 -07'00'