Gyan Bai vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This seventh application under Section 439 of Cr.P.C. has been filed for grant of bail. The sixth application was dismissed by order dated 05.07.2022 passed in M.Cr.C. No.30195/2022.

The applicant has been arrested on 03.09.2020 in connection with Crime No.386/2020 registered at Police Station Dehat, District Ashoknagar for offence under Sections 304-B, 34 of IPC.

It is submitted by the counsel for the applicant that after the rejection of previous bail applications, all material witnesses have been examined and they have not supported the prosecution case, and accordingly, this Court by order dated 10.11.2022 passed in M.Cr.C. No.52107/2022 has granted bail to co-accused-Shivraj (father-in-law of the deceased). The applicant is mother-in-law of deceased. 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 her 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 deposition-sheet of the witnesses, it is fairly conceded that all the material witnesses have turned hostile. 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.