Badri Prasad vs The State Of Madhya Pradesh
2022 Latest Caselaw 4533 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 14614/2022
         (BADRI PRASAD Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 30/03/2022

      Shri Ayush Saxena, Counsel for applicant.

      Smt. Anjali Gyanani, Counsel for State.

      Case diary is available.

      This is second application filed under Section 439 of Cr.P.C. for

grant of bail. The first application was dismissed by order dated

25.01.2022 passed in M.Cr.C. No.1875/2022.

      The applicant has been arrested on 15.12.2021 in connection

with Crime No.99/2021 registered at Police Station Basai Distt. Datia

for offence under Sections 307, 323, 294, 34 of IPC.

      It is submitted by Counsel for applicant that first bail

applciation was dismissed by order dated 25.01.2022 passed in

M.Cr.C. No.1875/2022 with liberty to revive the prayer after

undergoing some reasonable period of detention. The applicant is in

jail for the last more than three months. The victim Dayaram has been

examined and he has not supported the prosecution case on the

question of identity. Even otherwise, no corresponding fracture was

found on the head of the victim although the allegations are that the

applicant had assaulted on his head by means of an axe. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

      Per contra, the application is opposed by the Counsel for the
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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 14614/2022
         (BADRI PRASAD Vs THE STATE OF MADHYA PRADESH)



respondent/State. It is submitted that the victim Dayaram has turned

hostile on the question of identity, therefore, it is clear that either he

had given false information or he had not narrated the truth before the

Court, therefore, he is liable to be prosecuted.

Heard the learned counsel for the parties.

So far as the question of prosecution of victim is concerned, the

same is left with the discretion of the Trial Court, and accordingly, it

is directed that while deciding the trial, the Trial Court shall address to

the question as to whether he is required to be prosecuted or not.

Heard the learned counsel for the parties.

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 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

THE HIGH COURT OF MADHYA PRADESH MCRC No. 14614/2022 (BADRI PRASAD Vs THE STATE OF MADHYA PRADESH)

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.30 18:52:06 +05'30'