Madhya Pradesh High Court

Puran Jatav vs The State Of Madhya Pradesh on 2 May, 2025

Author: Anil Verma

Bench: Anil Verma

         NEUTRAL CITATION NO. 2025:MPHC-GWL:9783




                                                                  1                         MCRC-14726-2025
                                IN    THE      HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          BEFORE
                                              HON'BLE SHRI JUSTICE ANIL VERMA
                                                      ON THE 2 nd OF MAY, 2025
                                             MISC. CRIMINAL CASE No. 14726 of 2025
                                                        PURAN JATAV
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                          Appearance:
                                Shri Prem Singh Bhadouria, Advocate for the applicant.
                                Shri Harish Sharma, Public Prosecutor for State.

                                                                  ORDER

Heard on I.A. No.9660/25, 9636/25, 9640/25, which are applications for filing certified copy and affidavits.

Appellant is in jail, therefore, aforesaid I.A.'s are allowed and applicant is exempted from filing certified copy and affidavits along with interim applications.

Also heard on I.A. No.9638/25, which is an application for taking documents on record.

Documents may be relevant for proper adjudication of this matter, therefore, I.A. No.9638/25 is allowed and documents are taken on record.

This is third application filed under Section 439 of Cr.P.C. for grant of bail.

2. The applicant has been arrested on 23.4.2024 in connection with Crime No.142/2024 registered at Police Station Mau, District Bhind for offence under Sections 302, 294, 34 of IPC.

3. As per prosecution story, at the time of incident, present applicant along with other co-accused persons in furtherance to the common intention abused the deceased Shyam Sundar in a filthy language and beaten him by means of brick and

NEUTRAL CITATION NO. 2025:MPHC-GWL:9783

2 MCRC-14726-2025 wooden sticks due to which he has died. Accordingly, offence has been registered.

4. Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in the matter. His earlier two bail applications has been dismissed as withdrawn. Co-accused Virendra Jatav has been enlarged on bail vide order dated 21.01.2025 passed in MCRC No.53869 of 2024 in similar circumstances. Most of the prosecution witnesses have been examined. There are material contradictions and omissions in the statement of prosecution witnesses. It is also gathered that at the time of incident police came on the spot and took the deceased with him. Applicant was not named in the FIR and in the Dehati Nalisi. He has been implicated after one month of incident only on the statement of Sobar Singh and Neetu. Applicant is permanent resident of District Bhind. Final conclusion of trial will take long time, hence the application may be enlarged on

bail.

5. Per contra, counsel for the respondent/State opposed the prayer and prayed for its rejection by submitting that applicant's earlier application has been dismissed on 5.2.2025. Applicant is the main accused, therefore, he is not entitled for bail.

6. Heard learned counsel for the parties and perused the case dairy.

7. Considering the facts and circumstances of the case also taking note of the fact that trial is going on and case is fixed for the rest of the prosecution witnesses before trial Court, therefore, at the stage of consideration of bail application marshalling of the prosecution witnesses is not permitted as per the judgment of Hon'ble Supreme Court in the case of Satish Jaggi vs. 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

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3 MCRC-14726-2025 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 the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial."

8. Co-accused Veerendra has been enlarged on bail by order passed by Co- ordinate Bench as DNA report was not found positive regarding seized wooden stick from co-accused but weapon which has been recovered from the possession of present applicant, during DNA examination, it was found positive. Therefore, case of present applicant is not identical with the co-accused Veerendra who has been enlarged on bail.

9. In view of the evidence available on record against the applicant, this Court is of the considered opinion that it is not a fit case for grant of bail. Accordingly the application fails and is hereby dismissed.

(ANIL VERMA) JUDGE