Umesh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 8040 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 17th OF JUNE, 2022

               MISC. CRIMINAL CASE No. 28318 of 2022

        Between:-
        UMESH SHARMA S/O SHRI DAULAT RAM
        SHARMA,    AGED    ABOUT   37   YEARS,
        OCCUPATION: ASSISTANT AREA MANAGER,
        FIVE STAR BUSINESS FINANCE LIMITED R/O
        MYANA CHAURAHA, GUNA, DISTRICT GUNA
        (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI NITIN AGRAWAL - ADVOCATE)

        AND

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

                                                              .....RESPONDENT
        (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)

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

Case diary is not available.

It is submitted by the counsel for the applicant that he has filed the copy of charge sheet, therefore, the bail application may be decided on the basis of the charge sheet.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 11.4.2022 passed in M.Cr.C.No.17228/2022.

The applicant has been arrested on 15.3.2022 in connection with Crime

No.839/2021 registered at Police Station Gwalior, District Gwalior for offence under Sections 323, 363, 365, 506, 34 of IPC and under Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to the prosecution case, two months' old child was kidnapped by the applicant and co-accused. It is submitted that so far as the allegation of kidnapping is concerned, the complainant has not supported the prosecution case and she has stated that when she expressed that she does not want to go along with the applicant, she was allowed to de-board near Bridge Hotel. At present there is no substantive evidence against the applicant. 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 it is true that the complainant has turned hostile but it is submitted that it appears that either the witnesses had made a false report or they have not narrated the true facts before the Court, therefore, they are liable to be prosecuted.

Whether the prosecution of 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 regarding grant of bail be sent to the complainant.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.17 16:49:40 +05'30'