Ashu Alias Akash Updhyay vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This third repeat application filed under Section 439 of Cr.P.C. for grant of bail. The second application was dismissed by order dated 28/01/2022 passed in MCRC No.3452/2022.

The applicant has been arrested on 02/09/2021 in connection with Crime No.251/2020 registered by Police Station Kotwali Bhind, District Bhind for offence punishable under Sections 302, 307, 323, 147, 148, 149, 120-B, 201 of IPC and 25/27 of Arms Act.

This repeat application has been filed mainly on the ground that all the material witnesses have been examined and they have not supported the prosecution case. There is no incriminating circumstantial evidence against the applicant. Thus, at present, there is not 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. It is submitted that the applicant has criminal history and one more offence under Section 307 of IPC was registered against him. However, after going through the deposition-sheets of the witnesses, it is fairly conceded that the witnesses have not supported the prosecution case qua the applicant. It is submitted that it appears that either the witnesses had given a false information to the police or they have not narrated the truth before the Court, therefore, they are liable to be prosecuted.

So far as the question of prosecution of the witnesses is concerned, it is directed that the 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 fact that the witnesses have turned hostile and without commenting anything 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 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.