Kuldeep Singh vs State Of M.P

G.S. Ahluwalia, J

This sixth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Fifth bail application of the applicant was dismissed by order dated 25/03/2022 passed in MCRC No.14913/2022.

The applicant has been arrested on 09/09/2020 in connection with Crime No.424/2020 registered at Police Station Dehat, District Bhind for offence under Sections 498-A, 304-B, 34 of IPC and under Section 3/4 of the Dowry Prohibition 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. It is further submitted that 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 his 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 sheets of the witnesses, it is fairly conceded that all the material witnesses have not supported the prosecution case. However, it is submitted that it is clear that either they have not given the correct information to the police or they have not narrated the truth before the Court and accordingly, they are liable to be prosecuted.

So far as the question of prosecution of the witnesses are concerned, it is left to the discretion of the Trial Court. However, it is directed that the Trial Court while deciding the trial shall specifically adhere to the question as to whether the prosecution of the witnesses is warranted or not.

Considering the facts and circumstances of the case, 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) 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.