Raman Alias Rohit Chouhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8798 MP

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         THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.52825/2021
          Raman alias Rohit Chouhan vs. State of M.P.

Gwalior, Dated :14/12/2021

      Shri Anil Kumar Mishra, Counsel for the applicant.

      Shri    Rajeev    Upadhyay,     Public    Prosecutor       for   the

respondent/State.

Shri Atul Gupta, counsel for the complainant.

Case diary is available.

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

filed for grant of bail. The first application was dismissed by the

Coordinate Bench of this Court by order dated 5.7.2021 passed in

M.Cr.C. No.28375/2021. As the Hon'ble Judge has been transferred,

therefore, this application has been placed before this Court.

The applicant has been arrested on 22.8.2020 in connection

with Crime No.292/2019 registered at Police Station Hazira, District

Gwalior for offence under Sections 302, 307, 341, 147, 148, 149, 294,

120-B, 201, 202 of IPC and under Section 25/27 of the Arms Act.

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

bail application of the applicant has been rejected mainly on the

ground that the applicant has a criminal history. However, he has

annexed the copy of some of the judgments, according to which the

applicant has been acquitted.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted that from the copy of

THE HIGH COURT OF MADHYA PRADESH MCRC No.52825/2021 Raman alias Rohit Chouhan vs. State of M.P.

the judgments which have been filed by the applicant it is clear that in

all those cases either he was acquitted on account of compromise or

the witnesses have turned hostile which clearly indicates that the

witnesses are afraid of deposing against the applicant.

Considering the fact that the previous bail application of the

applicant has already been dismissed on merits by the Co-ordinate

Bench of this Court as well as the fact that not only the applicant has

a criminal history but in all the criminal cases in which he has been

acquitted, the witnesses could not dare to speak against him and all of

them have turned hostile either on merits or on the question of

identity, no case is made out for grant of bail.

The application fails and is hereby dismissed.

                                                                     (G.S. Ahluwalia)
Abhi                                                                     Judge
       ABHISHEK
       CHATURVEDI
       2021.12.15
       10:43:58
       +05'30'