Gourav @ Goru vs The State Of Madhya Pradesh
2023 Latest Caselaw 6219 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                 ON THE 18 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 7315 of 2023

                           BETWEEN:-
                           GOURAV @ GORU S/O KAILASH PATIDAR, AGED 28
                           YEAR S , OCCUPATION: AGRICULTURIST R/O GRAM
                           NISARPUR TEHSIL KUKSHI DISTT. DHAR (MADHYA
                           PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI AKSHAT PAHADIA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KUKSHI DISTT. DHAR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           ( BY SHRI RAHUL SOLANKI - GOVERNMENT ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This is the fourth application filed by the applicant under section 439 of

the Cr.P.C. for grant of regular bail relating to Crime No. 370/2022 dated 16.4.2022 registered at police station Kukshi District Dhar for the offence under section 363, 302, 201 of the Indian Penal Code.

As per the prosecution story, on 16.4.2022 complainant Dilip lodged an FIR at police station Kukshi by stating that her minor daughter is missing from home. They tried to search her everywhere but they could not find her. During investigation dead-body of her daughter was recovered from Narmada River at

Signature Not Verified Eklara in a decomposed condition and it has been gathered that applicant Signed by: BHUNESHWAR DATT Signing time: 19-04-2023 10:52:43

Gaurav was already married but on the pretext of marriage he established love affairs with deceased. When deceased compelled him to marry, then applicant murdered the deceased and thrown her mobile phone into Narmada River. Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 16.4.2022. Prosecution has examined 14 witnesses but nothing has been found against applicant. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application

and prays for its rejection.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation and the call details of conversations between deceased and present applicant produced by prosecution, it is revealed that as per aforesaid conversations, applicant telephonically contacted deceased just after the incident of her missing. Rajendra (PW-4) also stated in para 3 of his deposition that police has taken call details of deceased and also found the name of applicant in the aforesaid call details. The examination of remaining prosecution witnesses is pending before the trial court.

Although, 14 prosecution witnesses have been examined and some of the prosecution witnesses is yet to be examined but at the time of consideration of bail application marshalling of the prosecution witnesses is not permissible as per the judgment of Hon'ble Supreme Court in the case of Satish Jaggi Vs. Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 19-04-2023 10:52:43

State of Chattisgarh & Ors. (Cr.A.No.651/2007) decided on 30/07/2007 , wherein it has been held as under:-

"At the stage of granting of bail, the Court can only go into the question of prima facie case established for granting bail. It cannot go into the question of credibility and reliability of the witnesses put up by t h e prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial."

In view of the above, without commenting upon the merits of the case, at this stage, this Court is not inclined to grant bail to the present applicant. Accordingly, the fourth bail application preferred by applicant under Section 439 of Cr.P.C. is hereby rejected.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 19-04-2023 10:52:43