Gajendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 779 MP

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        THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.1352/2022
               Gajendra vs. State of M.P.

Gwalior, Dated : 22.12.2021

      Shri Alok Kumar Sharma, Counsel for the applicant.

      Ms. Kalpana Parmar, Counsel for the respondent/State.

Case diary is available.

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

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

dated 09.12.2021 passed in M.Cr.C. No. 59400/2021.

The applicant has been arrested on 13.8.2020 in connection

with Crime No.441/2020 registered at Police Station Karera, District

Shivpuri for offence under Sections 302, 456, 294, 323, 34 of IPC.

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

eyewitnesses have turned hostile. So far as the examination of

Preetam is concerned, he is merely a hearsay witness and Ratibai who

had informed the incident to this witness has turned hostile. At

present there is no substantive evidence against the applicants. Co-

accused Angad has already been enlarged on bail by order dated

22.12.2021 passed in M.Cr.C. No.62789/2021. The trial is likely to

take sufficiently long time and there is no possibility of their

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the police case

THE HIGH COURT OF MADHYA PRADESH MCRC No.1352/2022 Gajendra vs. State of M.P.

diary it is fairly conceded that all the eyewitnesses have turned hostile

and they have not supported the prosecution case, but it is submitted

that it appears that either the witnesses have made a false report or

they have not narrated the true facts before the Court.

Whether the prosecution witnesses is desirable or not is left to

the discretion of the Trial Court. Therefore, 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 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 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 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.1352/2022 Gajendra vs. State of M.P.

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                           (G.S. Ahluwalia)
ar                                                              Judge

                 ABDUR RAHMAN
                 2022.01.18
                 11:10:25 +05'30'