Hariom vs The State Of Madhya Pradesh
2021 Latest Caselaw 8630 MP

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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.56560/2021
              (HARIOM VS. STATE OF M.P.)


Gwalior, Dated : 10/12/2021

      Shri Susheel Goswami, learned counsel for the applicant.

      Shri Rajeev Upadhyay, learned counsel for the State.

      Case diary is available.

      This is sixth repeat bail application under Section 439 of

Cr.P.C. has been filed for grant of bail. Fifth bail application of the

applicant was dismissed by order dated 08/11/2021 passed in MCRC

No.51954/2021.

      The applicant has been arrested on 20/02/2021 in connection

with Crime No.364/2020 registered at Police Station Gormi, District

Bhind for offence under Sections 376, 506, 109 and 450 of IPC and

Section 67 and 67-A of I.T. Act.

      It is submitted by the counsel for the applicant that the

prosecutrix and her sister have been examined and they have turned

hostile. Even the sister of the prosecutrix has disowned the video

found in her mobile. 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
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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.56560/2021
               (HARIOM VS. STATE OF M.P.)


sheet of the witnesses, it is fairly conceded that the witnesses have

not supported the prosecution case, but it is submitted that it appears

that either the witnesses have made a false report or they have not

narrated the true facts before the Court.

      Whether the prosecution witnesses is desirable or not is left to

the discretion of the Trial Court. Therefore, it is directed that the Trial

Court while deciding the trial shall address on this issue also and

shall pass a specific order as to whether the prosecution of the

witnesses is warranted 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.56560/2021 (HARIOM VS. STATE OF M.P.)

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                               (G.S. Ahluwalia)
Pj'S/-                                                               Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.12.10
         14:44:11 -08'00'