Naval Kishor vs The State Of Madhya Pradesh
2022 Latest Caselaw 1627 MP

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            THE HIGH COURT OF MADHYA PRADESH
                         MCRC No. 4658/2022
             (NAVAL KISHOR Vs STATE OF MADHYA PRADESH)

                      Through Video Conferencing

Gwalior, Dated : 04/02/2022

      Shri Ram Kishor Sharma, Counsel for applicant.

      Shri A.K. Nirankari, 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 bail application was dismissed by order dated

28.10.2021 passed in M.Cr.C. No.53220/2021.

      The applicant has been arrested on 27.02.2021 in connection with

Crime No.119/2021 registered by Police Station Dehat, District Bhind for

offence punishable under Sections 304-B, 498-A, 34 of IPC and Section

3/4 of Dowry Prohibition Act.

      It is submitted by Counsel for the applicant that applicant is the

husband of the deceased and the marriage was performed in the year 2017

and the deceased committed suicide in the year 2021. The allegations are

that applicant was harassing the deceased on account of non-fulfillment of

demand of Rs.2 Lacs. The witnesses are not turning up. It is submitted

that on 04.12.2021, the prosecution witness Priti was present but because

of load shedding in the Court premises upto 5 pm, her evidence was not

recorded and she was bound over for next day. However, thereafter she is

not appearing in spite of service of summons. The applicant is in jail for

the last approximately one year. The trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with
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                                    THE HIGH COURT OF MADHYA PRADESH
                                                   MCRC No. 4658/2022
                                     (NAVAL KISHOR Vs STATE OF MADHYA PRADESH)

                        prosecution case.

                              Per contra, the application is vehemently opposed by the counsel

                        for the respondent/State.

Heard the learned counsel for the parties.

Considering the fact that prosecution witness Priti did not turn up

in-spite of the fact that she was bound over for the next day and thereafter

she again did not appear before the Trial Court in spite of service of

summon, it appears that the prosecution witnesses are deliberately

delaying the proceedings.

Accordingly, 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 2022.02.04 16:55:47 +05'30'