Mukesh Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1887 MP

               THE HIGH COURT OF MADHYA PRADESH 1
                     MCRC 18506 of 2021
                     Mukesh Singh Vs. State of MP

                  Heard through Video Conferencing
Gwalior, Dated : 07/05/2021

        Shri Prem Singh Bhadauria, Counsel for the applicant.

        Shri IS Asthanan, Panel Lawyer for the respondent/ State.

Case Diary is available.

This third application under Section 439 of CrPC has been filed for

grant of bail. First and second applications were dismissed as withdrawn by

orders dated 09/10/2020 and 09/02/2021 passed in MCRC Nos 38932/2020

and 51760/2020 respectively.

The applicant has been arrested on 25/07/2020 in connection with

Crime No.120/2017 registered at Police Station Umri, District Bhind for

offence under Sections 307, 294, 34, 302 of IPC and under Section 25/27 of

the Arms Act.

It is submitted by the Counsel for the applicant that all the material

witnesses have been examined and they have not supported the prosecution

case.

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

submitted by the Counsel for the State that the incident took place on

26/04/2017, whereas the applicant was arrested after more than three years

i.e. on 25/07/2020. The allegations against the applicant are that in a function

of marriage, the applicant and other co-accused persons were involved in

harsh fire and when it was objected by the deceased, then the applicant shot

the deceased Brijendra Yadav, as a result, he succumbed to the injuries. It is THE HIGH COURT OF MADHYA PRADESH 2 MCRC 18506 of 2021 Mukesh Singh Vs. State of MP

submitted that the Examination-in-Chief of Omveer Singh Jadaun (PW1) was

recorded on 14/02/2019 and he had specifically stated that the applicant and

other co-accused persons were involved in harsh firing and when it was

objected by Late Brijendra Yadav, then the applicant shot his father which

resulted in his death. It is submitted that after the arrest of the applicant, the

said witness was cross-examined and in that cross-examination, he has turned

hostile. However, it is further submitted that since the cross-examination of

this witness took place after more than two years, therefore, it is a clear

attempt on the part of this witness to wriggle out of what he had stated in the

examination-in-chief. It is for the Trial Court to adjudicate as to whether the

examination-in-chief of the witness can be relied upon or not ?

Considered the submissions made by the Counsel for the parties.

Whether the examination-in- chief of Omveer Singh Jadaun (PW1) can

be relied upon in the light of the judgment of Supreme Court passed in the

case of Khujji alias Surendra Tiwari vs. State of Madhya Pradesh,

reported in (1991) 3 SCC 627 or not, is yet to be decided by the Trial Court.

In view of the allegations made against the applicant, coupled with the

fact that the applicant was absconding for more than three years, no case is

made out for grant of bail. The application fails and is hereby dismissed.

(G.S.Ahluwalia) Judge

MKB

MAHENDRA KUMAR BARIK 2021.05.10 11:57:41 +05'30'