Rakesh Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 3018 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-10527-2022 Rakesh Jatav Vs. State of MP

Gwalior, Dated : 03.03.2022

Shri M.S. Rawat, Counsel for the applicant.

Shri Rajeev Upadhyay, 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 application of the applicant was dismissed as

withdrawn by order dated 19.02.2021 passed in M.Cr.C. No.6805/2021.

The applicant has been arrested on 06.06.2020 in connection with

Crime No.164/2020 registered at Police Station Gohad Distt. Bhind for

offence under Section(s) 307, later added 302 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. 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-sheets of the

witnesses, it is fairly conceded that they have turned hostile. 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

THE HIGH COURT OF MADHYA PRADESH MCRC-10527-2022 Rakesh Jatav Vs. State of MP

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 fact that the witnesses have turned hostile and

without commenting anything 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

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 2022.03.04 14:42:22 +05'30'