Smt. Bhagwati Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 785 MP

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                             THE HIGH COURT OF MADHYA PRADESH
                                       M.Cr.C. No.2398/2022
                               Smt. Bhagwati Dhakad Vs. State of M.P.

                                    Through Video Conferencing
                   Gwalior, Dated: 17/01/2022

                         Shri F.A. Shah, Counsel for applicant.

                         Ms. Kalpana Parmar, Counsel for State.

                         Case diary is available.

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

                   filed for grant of bail. The previous bail applications of the applicant

                   were dismissed by the coordinate Bench of this Court, however, on

                   account of transfer of Hon'ble Judge, this application has been placed

                   before this Court.

                         The applicant has been arrested on 7/4/2020 in connection with

                   Crime No.20/2020 registered at Police Station Gaswani, Sheopur for

                   offence under Sections 302, 294, 34 of IPC.

                         It is submitted that the evidence of main witness Ramesh

                   chandra has been examined and he has supported the prosecution

                   case. The allegations are that the dispute arose on the question of

                   raising of wall by the complainant. It is alleged that the applicant and

                   co-accused persons caught hold the deceased, whereas Raghuveer

                   Dhakad assaulted on the head of the deceased by means of an axe.

                   The applicant is a lady and in the present scenario, her bail

                   application may be considered sympathetically.

                         Per contra, the application is vehemently opposed by the

                   counsel for the State. It is submitted that the second bail application

                   of the applicant was dismissed on merits by order dated 16/2/2021

ARUN KUMAR
MISHRA
18.01.2022

11:02

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2398/2022 Smt. Bhagwati Dhakad Vs. State of M.P.

passed in M.Cr.C. No.8786/2021 and the third bail application was

withdrawn after recording of evidence of Ramesh chandra and

merely because the main witness has been examined, cannot be a

ground to grant bail.

Heard learned counsel for the parties.

In view of the judgment passed by the Supreme Court in the

case of Mamta Nair Vs. State of Rajasthan and another reported

in (2021) 7 SCC 442, in which it has been held that the merely

because the main witness has been examined cannot be a ground to

grant bail, no case is made out for taking any contrary view in the

matter.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Arun*

ARUN KUMAR MISHRA 18.01.2022 11:02