Madhya Pradesh High Court
Veeru @ Virendra Singh Dhakad vs The State Of Madhya Pradesh Thr on 26 December, 2017
1 M.Cr.C.No. 27905/2017
(Veeru alias Veerendra Singh Dhakad Vs. State of M.P.)
Gwalior Bench:
Dated 26/12/2017
Shri Amit Sharma, learned counsel for the applicant.
Shri B.K.Sharma, learned PP for the respondents/State.
This is third application u/S 439, Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide order dated 21.08.2017 passed in M.Cr.C No. 7456/2017 and second bail application was dismissed as withdrawn vide order dated 3/11/2017 passed in M.Cr.C.No. 11370/2017.
The applicant has been arrested by Police Station Bhaodapur, District Gwalior in connection with Crime No. 288/2017 registered in relation to the offences punishable u/Ss. 363, 366, 376-D, 506/34 of IPC.
According to learned counsel for the applicant, under changed circumstances, the trial Court has proceeded with the trial and prosecutrix in her examination in chief has not recognized the accused persons including present applicant. She has been declared hostile by the prosecution. In the cross examination, she stood on her statement that the incident took place but the said atrocity has not been committed by the present applicant. Through the said statement of prosecutrix, learned counsel for the applicant asserted that the conviction would be a distant probability. He is in confinement since 22.06.2017. He further submits that on the same set of fact co- accused Shiv Singh has already been accorded the benefit of bail vide order dated 19/12/2017 passed in M.Cr.c.No. 10768/2017. He pleads for bail under Section 439 of Cr.P.C. on the ground of parity also.
Learned counsel for the respondents/State opposed the prayer made by the petitioner and through the statement made under Section 164 of Cr.P.C by the prosecutrix, he tried to defend the case and submits that prosecution would intend to 2 M.Cr.C.No. 27905/2017 (Veeru alias Veerendra Singh Dhakad Vs. State of M.P.) prosecute the prosecutrix for change of her testimony as per law.
Heard learned counsel for the parties and perused the case diary. From the copy of the statement of PW/1 prosecutrix, it appears that she has not supported the case of the prosecution. She did not recognize the accused, therefore, without expressing any opinion on the merits of the case, this application under Section 439 of Cr.P.C. is allowed and it is directed that the applicant-Veeru alias Veerendra Singh Dhakad be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437 (3) of the Cr.P.C. and so also as imposed by the trial Court.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge jps/-
Digitally signed by JAI PRAKASHJAI SOLANKI
DN: c=IN, o=HIGH COURT OF
M.P. BENCH GWALIOR, ou=P.S.,
PRAKASH
postalCode=474011, st=Madhya
Pradesh,
2.5.4.20=21a61bf5c087ff6d5bbc
8d38b611677f4e4306c281cca87
SOLANKI 5991d2a0b6545c503, cn=JAI
PRAKASH SOLANKI
Date: 2017.12.27 10:50:19 +05'30'