Kallu @ Fateh Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6735 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.50939/2021
            Kallu @ Fateh Singh vs. State of M.P.

Gwalior, Dated : 23.10.2021

      Shri Vijay Kumar Jha, Counsel for the applicant.

      Shri    B.P.S.    Chauhan,     Public    Prosecutor    for   the

respondent/State.

Case diary is available.

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

filed for grant of bail. The fourth bail application was dismissed as

withdrawn by order dated 10.8.2021 passed in

M.Cr.C.No.38541/2021.

The applicant has been arrested on 14.12.2020 in connection

with Crime No.183/2020 registered at Police Station Kachnar,

District Ashoknagar for offence under Section 304 of IPC.

It is submitted by the counsel for the applicant that although

the previous bail application was withdrawn by order dated

10.8.2021 passed in M.Cr.C.No.38541/2021 with liberty to file a

fresh application along with the judgments passed in the previously

instituted five criminal cases including one under Sections 376, 363,

366 of IPC but it is submitted that some of the witnesses have been

examined and since they have not supported the prosecution case,

therefore, the application for grant of bail may be considered.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.50939/2021 Kallu @ Fateh Singh vs. State of M.P.

counsel for the respondent/State. It is submitted by the counsel for

the State that the allegations are that a fencing by live electricity wire

was done by the applicant in his field, as a result, the deceased came

in contact with the live electricity wire and died because of

electrocution. It is submitted that apart from four witnesses who

have turned hostile, four more witnesses are yet to be examined.

Considering the totality of the facts and circumstances of the

case, no case is made out for grant of bail. The application fails and

is hereby dismissed.

                                                                 (G.S. Ahluwalia)
 (alok)                                                                Judge




ALOK KUMAR
2021.10.23 17:43:54 +05'30'