Lalaram vs The State Of Madhya Pradesh
2021 Latest Caselaw 8410 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC-59490-2021
                 Lalaram Vs. State of MP

Gwalior, Dated : 07-12-2021

      Shri Suraj Bhan Lodhi, Counsel for the applicant.

      Shri C.P. Singh, Counsel for the State.

      Case diary is available.

      This is fifth application filed under Section 439 of Cr.P.C. for

grant of bail. The fourth bail application was dismissed on merits by

order dated 08.09.2021 passed in M.Cr.C. No.44370/2021.

      The applicant has been arrested on 20.08.2020 in connection

with Crime No.417/2020 registered by Police Station Chanderi Distt.

Ashoknagar for offence punishable under Sections 498-A, 304-B/34

of IPC and Section 3/4 of Dowry Prohibition Act.

      It is submitted by Counsel for the applicant that all the material

witnesses have been examined 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

prosecution case. It is further submitted that this Court has granted

bail to the co-accused Smt. Kamla Bai by order dated 26.11.2021

passed in M.Cr.C. No.57717/2021.

      Per contra, the application is opposed by Counsel for the

respondent/State. However, after going through the depositions of the

THE HIGH COURT OF MADHYA PRADESH MCRC-59490-2021 Lalaram Vs. State of MP

witnesses, it is fairly conceded that they have turned hostile and have

not supported the prosecution case. However, after referring to the

cross examination of Amit Singh (PW-1), Gyan Bai (PW-2),

Brajendra Singh (PW-3) and Rahul (PW-4), it is submitted that the

said witnesses had clearly stated that they have compromised with

accused. Thus, it is clear that either the witnesses had lodged false

report or they have not narrated the correct facts before the Court

and, therefore, they are liable to be prosecuted.

Heard the learned counsel for the parties.

So far as prosecution of witnesses is concerned, the Trial Court

is directed to positively address on this issue in its final judgment.

In view of the fact that material witnesses have not supported

the prosecution case 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 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.

In the light of the judgment passed by the Supreme Court in the

THE HIGH COURT OF MADHYA PRADESH MCRC-59490-2021 Lalaram Vs. State of MP

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.12.07 15:59:47 +05'30'