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Judgment
10 paragraphs · 383 wordsGurpal Singh Ahluwalia, J
This repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 24/01/2022 passed in MCRC No.3740/2022.
The applicant has been arrested on 27/09/2021 in connection with Crime No.88/2021 registered at Police Station Bhaguwapura, District Datia for offence under Sections 304-B, 498-A and 34 of IPC and Section 3/4 of Dowry Prohibition Act.
It is submitted by the counsel for the applicant that the applicant is the father-in-law. All material witnesses have been examined and they have not supported the prosecution case. 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 prosecution witnesses have turned hostile but it is submitted that it appears that either the witnesses had made a false report or they have not narrated the true facts before the Court, therefore, they are liable to be prosecuted.
Whether the prosecution witnesses is desirable or not is left to the discretion of the Trial Court. Therefore, 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 witnesses have turned hostile and 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.