Prakash Mehra vs The State Of Madhya Pradesh on 2 September, 2022

[Cites 8, Cited by 4]

Madhya Pradesh High Court

Prakash Mehra vs The State Of Madhya Pradesh on 2 September, 2022

Bench: Vishal Mishra

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                               ON THE 2nd OF SEPTEMBER, 2022

                                        MISC. CRIMINAL CASE No. 41624 of 2022

                                 Between:-
                                 PRAKASH MEHRA, S/O SHRI GOKUL MEHRA,
                                 AGED ABOUT 28 YEARS, OCCUPATION: LABOUR
                                 LEELADHAR    COLONY CHHOLA BHOPAL
                                 DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                        .....APPLICANT
                                 (BY SHRI J.A. SHAH - ADVOCATE)

                                 AND

                                 THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION CHHOLA MANDIR DISTRICT
                                 BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                                 (BY SHRI AJAY SHUKLA - PANEL LAWYER)

                               This application coming on for admission this day, the court passed the
                         following:
                                                            ORDER

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail on the ground that the statements of material prosecution witnesses have been recorded before the trial Court.

Earlier bail application was dismissed as withdrawn vide order dated 01.04.2022 passed in M.Cr.C.No.14672 of 2022.

The applicant has been arrested on 02.12.2021 by Police Station Chhola Mandir, Bhopal in connection with Crime No.643/2021 for the offence punishable under Sections 327, 323, 324, 294, 506, 307 and 329 of the Indian Penal Code.

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/2/2022 7:09:53 PM 2

It is pointed out that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is submitted that the statements of Mohan Mali (PW-1), injured/complainant Yash Saini (PW-2) and Kanhaiya Lodhi (PW-3) have been recorded before the trial Court. They have not supported the case of the prosecution and have turned hostile. It is submitted that the applicant is in custody since 02.12.2021. There is no requirement of further custodial interrogation of the applicant in the matter. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the application stating that the applicant is having criminal history of 14 cases out of which 4 cases were registered in the year 2021. The applicant is a history-sheeter, therefore, the witnesses are not coming forward to depose against him. However, he could not dispute the fact that the injured/complainant has been declared hostile.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. He is directed to be released on bail on furnishing surety bond of Rs.1,00,000/- (Rupees One Lakh Only) with one local surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/2/2022 7:09:53 PM 3

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not involve in any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

I n view of the COVID-19, jail authorities are directed to follow the protocol of Covid-19 as per the Government guidelines before releasing the applicant.

Application stands allowed.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE taj Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/2/2022 7:09:53 PM 4 Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/2/2022 7:09:53 PM

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