Ram Gopal vs The State Of Madhya Pradesh
2021 Latest Caselaw 8629 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.60577/2021 Ram Gopal V. State of M.P.

Gwalior, Dated:10.12.2021

Shri S.K. Dubey, Counsel for the applicant.

Shri A.K. Nirankari, 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. Previous application was decided by order

dated 16.11.2021 passed in M.Cr.C. No. 56053/2021.

The applicant has been arrested on 01.06.2021 in connection

with Crime No.111/2021 registered at Police Station Dinara Distt.

Shivpuri for offence under Sections 302, 34 of IPC.

It is submitted by the counsel for the applicant that all the

prosecution witnesses have been examined and they have not

supported the prosecution case and 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

sheets of the witnesses, it is submitted by Shri A.K. Nirankari that all

the prosecution witnesses have turned hostile. However, it is

submitted that either the witnesses have not informed the police

correctly or they have not narrated the truth before the trial Court.

THE HIGH COURT OF MADHYA PRADESH MCRC.60577/2021 Ram Gopal V. State of M.P.

So far as the prosecution of the witnesses is concerned, it is for

the trial Court to take note of the fact. Therefore, it is directed that

while deciding the trial, the trial Court shall specifically decide as to

whether prosecution of the witnesses is desirable or not.

Considering the facts and circumstances of the case, 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

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) Judge ar

ABDUR RAHMAN 2021.12.10 17:02:21 +05'30'