Jitendra Raghuvansi vs The State Of Madhya Pradesh
2022 Latest Caselaw 8794 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 1st OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 30842 of 2022

        Between:-
        JITENDRA RAGHUVANSI S/O SHRI RAGHURAJ
        SINGH RAGUVANSHI, AGED ABOUT 38 YEARS,
        OCCUPATION PRIVATE JOB, R/O HANUMAN
        CHAURAHE KE PAAS RADHA COLONY GUNA
        (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI V.K.SHARMA - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH                THROUGH
        POLICE   STATION  GWALIOR,              DISTRICT
        GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR)

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 15/03/2022 passed in MCRC No. 13385/2022.

The applicant has been arrested on 24/12/2021 in connection with Crime No.839/2021 registered at Police Station Gwalior, District Gwalior for offence under Sections 323, 363, 365, 506 and 34 of IPC and Section 11/13 of the MPDVPK Act.

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. It is true that the applicant has a criminal history and 38 more criminal cases were registered against him but in 28 criminal cases, he has been acquitted either on the basis of compromise or the witnesses did not support the prosecution case. However, he fairly conceded conceded that 10 more criminal cases are still pending against him. 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 all the material witnesses have been examined and they have not supported the prosecution case. However, it is submitted that it appears that either the witnesses had given a false 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 question of prosecution of the witnesses is concerned, 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, coupled with the criminal antecedents of the applicant as well as the fact that the witnesses are always hesitant in deposing against the applicant and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.2,00,000/- (Rupees Two Lacs) 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.01 18:20:09 -07'00'