Eti @ Atendra Singh vs The State Of Mp.
2022 Latest Caselaw 4003 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.12287/2022
            ETI @ Atendra Singh vs. State of M.P.

Gwalior, Dated : 23/03/2022

      Shri Avinash Kulshreshtha, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for the respondent/State.

Case Diary is available.

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

filed for grant of bail. The fourth application was dismissed by order

dated 14.2.2022 passed in M.Cr.C.No.63238/2021.

The applicant has been arrested on 31.3.2021 in connection with

Crime No.294/2021 registered by Police Station City Kotwali, District

Morena for offence punishable under Sections 307, 294 read with

Section 34 of IPC and under Section 25/27 of the Arms Act.

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

witnesses have been examined and they have not supported the

prosecution case on the question of identity.

Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted that the applicant has a criminal

history and from the judgments filed by the applicant it is clear that in

five cases, the witnesses had turned hostile and in 6 th case, the

complainant has compromised with the applicant. It is further

submitted that the applicant was also detained under the National

Security Act. Thus, it is clear that the witnesses are not having courage

to speak against the applicant. It is further submitted that it is well

established principle of law that even if the eyewitnesses have turned

THE HIGH COURT OF MADHYA PRADESH MCRC No.12287/2022 ETI @ Atendra Singh vs. State of M.P.

hostile, the accused can be convicted with the help of circumstantial

evidence.

Considering the previous conduct of the applicant as well as the

fact that in all the previously instituted criminal cases, the witnesses

have turned hostile and the applicant was also detained under the

National Security Act and in the present case also, the injured

Bhupendra (PW-3) has not denied the incident but has turned hostile

only on the question of identity and the applicant can be convicted

with the help of circumstantial evidence, therefore, no case is made

out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.03.23 16:14:33 +05'30'