Deepu vs The State Of Madhya Pradesh
2022 Latest Caselaw 3012 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.10152/2022 (DEEPU VS. STATE OF M.P.)

Gwalior, Dated : 03/03/2022

Shri Purushottam Rai, learned counsel for the applicant.

Shri A.K.Nirankari, learned counsel for the State.

Case diary is available.

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

filed for grant of bail. Second bail application of the applicant was

dismissed by order dated 01/09/2021 passed in MCRC

No.43075/2021.

The applicant has been arrested on 28/12/2020 in connection

with Crime No.836/2020 registered at Police Station Dabra City,

District Gwalior for offence under Sections 307, 394, 341 of IPC,

Section 11 and 13 of MPDVPK Act and Sections 25 and 27 of the

Arms Act.

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

material witnesses including the victim have turned hostile and they

have not supported the prosecution case. 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. However, after going through the deposition

THE HIGH COURT OF MADHYA PRADESH MCRC No.10152/2022 (DEEPU VS. STATE OF M.P.)

of the witnesses, it is fairly conceded that they have not supported

the prosecution case. It is submitted that it appears that either the

complainant/victim had lodged a false report or they have not

narrated the truth before the Court, therefore, they are liable to be

prosecuted.

So far as the prosecution of the complainant/victim is

concerned, it is for the Trial Court to address on this issue.

Accordingly, it is directed that while passing the final judgment, the

Trial Court shall decide as to whether the prosecution of the

witnesses/complainant/victim is warranted or not.

Considering the fact that all the material witnesses have

turned hostile and 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) 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 No.10152/2022 (DEEPU VS. STATE OF M.P.)

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)
Pj'S/-                                                               Judge



 Digitally signed
 by PRINCEE
 BARAIYA
 Date: 2022.03.03
 14:38:54 -08'00'