Rahul Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6119 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-15726-2022
                Rahul Tomar Vs. State of MP

Gwalior, Dated: 25.04.2022

      Ms. Ayushi Yadav, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the State.

      Case Diary is available.

      This fifth application under Section 439 of CrPC has been filed

for grant of bail. Fourth application was dismissed by order dated

04.02.2022

passed in M.Cr.C. No.3528/2022 with liberty to revive

the prayer after receipt of FSL report.

The applicant has been arrested 02.07.2021 in connection with

Crime No.363/2021 registered at Police Station - Civil Lines Distt.

Morena for offence under Sections 304/34 of IPC and Section 25(1-

B)(i), 29, 30 of Arms Act.

It is submitted by the counsel for the applicant that all the

eyewitnesses have turned hostile on the question of identity.

This Court had directed the State counsel to produce the FSL

report of rifle seized from the possession of the applicant. As per the

FSL report dated 12.04.2022, Senior Scientific Officer has given a

specific finding that the cartridges recovered from the spot were not

fired from the rifle seized from the possession of the applicant.

It is submitted that 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 the

THE HIGH COURT OF MADHYA PRADESH MCRC-15726-2022 Rahul Tomar Vs. State of MP

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is submitted that although the FSL

report indicates the presence of explosive in the barrels, but the fired

cartridges which were recovered from the spot were not fired from

the gun seized from the possession of the applicant. Further, after

going through the deposition-sheets of the witnesses, it is fairly

conceded that they have turned hostile. It is submitted that it appears

that either the witnesses had given a false information to the police or

they have not narrated the truth before the Court, therefore, they are

liable to be prosecuted.

So far as the question of prosecution of the witnesses is

concerned, it is directed that the Trial Court while deciding the trial

shall address on this issue also and shall pass a specific order as to

whether the prosecution of the witnesses is warranted or not ?

Considering the fact that the witnesses have turned hostile and

without commenting anything 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) 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.

THE HIGH COURT OF MADHYA PRADESH MCRC-15726-2022 Rahul Tomar Vs. State of MP

This order shall remain effective till the end of 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 and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2022.04.25 18:11:00 +05'30'