Prakash Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 9076 MP

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             THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 62745/2021
          (PRAKASH KUSHWAH Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 21/12/2021

      Shri Rajmani Bansal, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Case diary is available.

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

grant of bail. The first application was dismissed by order dated

23.10.2021 passed in M.Cr.C. No.50088/2021 as withdrawn with

liberty to revive the prayer after the examination of all material

witnesses.

      The applicant has been arrested on 09.01.2021 in connection

with Crime No.277/2020 registered at Police Station Noorabad, District

Morena for offence under Sections 302, 307, 147, 148, 149, 294, 506

of IPC.

      It is submitted by Counsel for the applicant that after the

rejection of previous bail application, all the eye witnesses/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.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. However, after going through the deposition

sheets of the witnesses, it is fairly conceded that none of the eye

witnesses/material witnesses have supported the prosecution case qua

THE HIGH COURT OF MADHYA PRADESH MCRC No. 62745/2021 (PRAKASH KUSHWAH Vs STATE OF MADHYA PRADESH)

the identity. It is further submitted that either the witnesses had lodged

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

Therefore, they are liable to be prosecuted.

Heard the 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. Therefore, it is

directed that while deciding the trial, the Trial Court shall consider as

to whether the prosecution of 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.

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

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 Aman AMAN TIWARI 2021.12.21 17:40:09 +05'30'