Smt. Kamla Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 7898 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-57717/2021
               Smt. Kamla Bai Vs. State of M.P.

Gwalior, Dated : 26.11.2021

      Shri Suraj Bhan Lodhi, Counsel for applicant.

      Shri Abhishek Sharma, Counsel for State.

      Case diary is available.

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

for grant of bail. The sixth bail application was dismissed by order

dated 23.09.2021 passed in M.Cr.C. No.45100/2021.

      The applicant has been arrested on 04.09.2020 in connection

with Crime No.417/2020 registered by Police Station Chanderi Distt.

Ashoknagar for offence punishable under Sections 498-A, 304-B/34

of IPC and Section 3/4 of Dowry Prohibition Act.

      It is submitted by Counsel for the applicant 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 her absconding or tampering with prosecution case.

      Per contra, the application is opposed by Counsel for the

respondent/State. However, after going through the depositions of the

witnesses, it is fairly conceded that they have turned hostile and have

not supported the prosecution case. However, after referring to the

cross examination of Amit Singh (PW-1), Gyan Bai (PW-2), Brajendra

Singh (PW-3) & Rahul (PW-4), it is submitted that the said witnesses

had clearly stated that they have compromised with accused. Thus, it

THE HIGH COURT OF MADHYA PRADESH MCRC-57717/2021 Smt. Kamla Bai Vs. State of M.P.

is clear that either the witnesses had lodged false report or they have

not narrated the correct facts before the Court and, therefore, they are

liable to be prosecuted.

Heard the learned counsel for the parties.

So far as prosecution of witnesses is concerned, the Trial Court

is directed to positively address on this issue in its final judgment.

In view of the fact that material witnesses have not supported

the prosecution 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

Arun* ARUN KUMAR MISHRA 2021.11.26 18:33:41 +05'30'