Smt. Varsha Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5472 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 17385/2022
       (SMT. VARSHA LODHI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 13/04/2022

       Shri Sunil Kumar Dubey, Counsel for applicant.

       Shri P.P.S. Vajeeta, Counsel for State.

       Case diary is available.

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

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

21.03.2022 passed in M.Cr.C. No.13656/2022.

       The applicant has been arrested on 26/10/2021 in connection

with Crime No.223/2021 registered at Police Station Gulabganj,

District Vidisha for offence under Sections 304-B, 498-A and 34 of

IPC.

       It is submitted by Counsel for applicant that all the material

witnesses have been examined and they have not supported the

prosecution case. At present, there is no substantial 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 vehemently opposed by the

Counsel for the respondent/State. It is submitted that it is true that the

material prosecution witnesses have not supported the prosecution

case but it appears that either the witnesses had not given the correct

information to the Police or they have not narrated the truth before the

Court, and therefore, they are liable to be prosecuted.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 17385/2022 (SMT. VARSHA LODHI Vs THE STATE OF MADHYA PRADESH)

Heard the learned counsel for the parties.

So far as the question of prosecution of witnesses is concerned,

the same is left with the discretion of the Trial Court. However, it is

directed that the Trial Court while deciding the trial shall address to

the question as to whether the prosecution witnesses are required to be

prosecuted 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 2022.04.13 15:59:33 +05'30'