Vishnu Kurmi vs The State Of Madhya Pradesh
2022 Latest Caselaw 928 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-2906-2022 Vishnu Kurmi vs. State of MP

Through video conferencing

Gwalior, Dated : 19.01.2022

Shri V.K. Sahu, Counsel for the applicant.

Shri Awdhesh Parashar, Counsel for the State.

Case diary is available.

Previous bail applications were decided by coordinate Bench

of this Court, but on account of transfer of Hon'ble Judge, the present

case has been placed before this Court.

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

filed for grant of bail.

The applicant has been arrested on 20.03.2021 in connection

with Crime No.240/2021 registered at Police Station Kotwali Distt.

Ashoknagar for offence under Section 306 of IPC.

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

material witnesses have been examined and they have not supported

the prosecution case. Even according to the Dying Declaration of the

deceased, the applicant used to quarrel with her under the influence

of alcohol. 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. However, after going through the deposition-

THE HIGH COURT OF MADHYA PRADESH MCRC-2906-2022 Vishnu Kurmi vs. State of MP

sheets of the witnesses, it is submitted that all the material witnesses

have turned hostile. It is further submitted that it appears that either

the witnesses had not given correct 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 prosecution of the witnesses is concerned, it is

directed that while deciding the trial, the Trial Court shall also

address on the question as to whether the prosecution of the

witnesses is warranted or not ?

Considering the facts and circumstances of the case and

looking to the fact that the witnesses have turned hostile and the

marriage of the applicant was performed with the deceased about 20

years back, coupled with the allegations made in the Dying

Declaratoin, 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

THE HIGH COURT OF MADHYA PRADESH MCRC-2906-2022 Vishnu Kurmi vs. State of MP

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 2022.01.20 10:30:38 +05'30'