Umesh Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 4010 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.14101/2022
               Umesh Prajapati vs. State of M.P.

Gwalior, Dated : 23/03/2022

      Shri S.K. Soni, Counsel for the applicant.

      Smt. Anjali Gyanani, Counsel for the respondent/State.

Case diary is available.

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

for grant of bail.

The applicant has been arrested on 21.5.2021 in connection with

Crime No.250/2021 registered at Police Station Karera, District

Shivpuri for offence under Sections 302, 201, 147, 148, 149 of IPC.

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

witnesses have turned hostile and they have not supported the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. The counsel for the State after going

through the deposition sheets of Nemi Prajapati, Neeraj Parihar,

Murarilal Prajapati and Shriram Parihar submitted that all those

witnesses have turned hostile either in toto or on the question of

identity. It is further 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.14101/2022 Umesh Prajapati vs. State of M.P.

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.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2022.03.24 18:17:32 +05'30'