Girand Singh Rajawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 4203 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.13911/2022 (GIRAND SINGH RAJAWAT VS. STATE OF M.P.)

Gwalior, Dated : 25/03/2022

Shri S.K.Shrivastava, learned counsel for the applicant.

Shri P.P.S.Vajeeta, learned counsel for the State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 12/02/2022 in connection

with Crime No.47/2020 registered at Police Station Surpura,

District Bhind for offence under Sections 304-B, 34 of IPC and

Section 3/4 of the Dowry Prohibition Act.

It is submitted by the counsel for the applicant that although,

the applicant was absconding for two years, but after his arrest all

the material witnesses including the parents of the deceased have

been examined and they have not supported the prosecution case.

The death had also occurred after six years of her marriage. 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 police case

THE HIGH COURT OF MADHYA PRADESH MCRC No.13911/2022 (GIRAND SINGH RAJAWAT VS. STATE OF M.P.)

diary, it is submitted that all the material witnesses regarding

demand and harassment of the deceased have been examined and

they have not supported the prosecution case. However, it is

submitted that it is clear that either they have not given the correct

information to the police or they have not narrated the truth before

the Court and accordingly, they are liable to be prosecuted.

So far as the question of prosecution of the witnesses are

concerned, it is left to the discretion of the Trial Court. However, it

is directed that the Trial Court while deciding the trial shall

specifically adhere to the question as to whether the prosecution of

the witnesses is warranted or not.

Considering the facts and circumstances of the case 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 HIGH COURT OF MADHYA PRADESH MCRC No.13911/2022 (GIRAND SINGH RAJAWAT VS. STATE OF M.P.)

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)
Pj'S/-                                                               Judge

            Digitally signed by
            PRINCEE BARAIYA
            Date: 2022.03.25
            18:22:13 -07'00'