Lalit Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 1434 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.4136/2022.

Lalit Meena Vs. State of M.P.

Through video conferencing

Gwalior, Dated: 01.02.2022

Shri Sushant Tiwari, Counsel for the applicant.

Shri Awdhesh Parashar, Counsel for the State.

Case diary is available.

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

filed for grant of bail. Previous application was dismissed by order

dated 11.08.2021 passed in M.Cr.C. No. 38934/2021.

The applicant has been arrested on 13.08.2021 in connection

with Crime No.290/2021 registered at Police Station Madhoganj

Distt. Gwalior for offence under Sections 307, 294 of IPC.

It is submitted by the counsel for the applicant that the

previous bail application of the applicant was dismissed with liberty

to revive after undergoing some reasonable period of detention. The

applicant is in jail for the last more than five and half months. It is

further submitted that the complainant has turned hostile on the

question of identity. The Trial is likely to take sufficiently long time

and there is no possibility of his absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that it is true that the

complainant has turned hostile on the question of identity, but it

appears that either the complainant had given a false information to

the police or he has not narrated the truth before the Court, therefore,

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.4136/2022.

Lalit Meena Vs. State of M.P.

he is liable to be prosecuted.

So far as the question of prosecution of the complainant is

concerned, the said aspect is left to the discretion of the Trial Court.

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

shall dwell upon the question as to whether prosecution of

complainant is warranted or not.

Considering the facts and circumstances of the case, 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) 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 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 ar

ABDUR RAHMAN 2022.02.01 16:54:59 +05'30'