Rampreet Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8636 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 59799/2021 (RAMPREET GURJAR Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 10/12/2021

Shri D.R. Sharma, Counsel for applicant.

Shri C.P. Singh, Counsel for State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second bail application was dismissed by

order dated 15.11.2021 passed in M.Cr.C. No.53217/2021 with liberty

to revive the prayer after examination of all the material witnesses.

The applicant has been arrested on 12.03.2021 in connection

with Crime No.220/2021 registered at Police Station Kotwali Distt.

Morena for offence under Sections 307, 393 of IPC and Section 11/13

of MPDVPK Act.

It is submitted by Counsel for the applicant that previous bail

application of applicant was dismissed with liberty to revive the

prayer after examination of all the material witnesses. It is submitted

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 witnesses.

Per contra, the application is opposed by Counsel for the State.

However, it is fairly conceded that all the material witnesses have

THE HIGH COURT OF MADHYA PRADESH MCRC No. 59799/2021 (RAMPREET GURJAR Vs STATE OF MADHYA PRADESH)

turned hostile on the question of identity. It is further submitted that

as the witnesses have not supported the prosecution case, therefore, it

appears that either they had given false information to the Police or

they have not narrated the truth before the Court, therefore, they are

liable to be prosecuted.

Heard learned Counsel for the parties.

So far as the question of prosecution of witnesses is concerned,

this aspect is to be considered by the Trial Court. Accordingly, it is

directed that at the time of final disposal of the case, the Trial Court

shall specifically address to the question as to whether the

prosecution of the witnesses is desirable or not.

Considering the facts and circumstances of the 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.

Since the applicant has a criminal history and 36 more criminal

cases are said to have been registered against him. Therefore, it is

directed that the applicant shall appear before the S.H.O. Police

Station Kotwali, District Morena on 1 st & 15th of every month

THE HIGH COURT OF MADHYA PRADESH MCRC No. 59799/2021 (RAMPREET GURJAR Vs STATE OF MADHYA PRADESH)

during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by

this Court, this order shall lose its effect.

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

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 rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.12.10 15:23:45 +05'30'