Vishnu vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 7.7.2022 passed in M.Cr.C.No.32922/2022.

The applicant has been arrested on 5.4.2022 in connection with Crime No.233/2021 registered at Police Station Ron, District Bhind for offence under Sections 304-B, 498-A, 34 of IPC and under Section 3/4 of the Dowry Prohibition Act.

This repeat application has been filed primarily on the ground that all the material witnesses have been examined and they have turned hostile. It is submitted that at present there is no substantive evidence against the applicant. The applicant is the husband of the deceased who committed suicide after three and half years of her marriage. The parents and brother of the deceased have been examined and they have not supported the prosecution case. 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 police case dairy, it is submitted by the counsel for the State that all the three material witnesses have been examined and they have not supported the prosecution case, 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 of 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 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 Only) 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.

The application is allowed.