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2022 DIGILAW 257 (MP)

Ram Lakhan @ Lakhan Ojha v. State of Madhya Pradesh

2022-02-15

G.S.AHLUWALIA

body2022
JUDGMENT G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C has been filed for grant of bail. The first application was dismissed by order dated 04.12.2021 passed in M.Cr.C. No.58974/2021 with liberty to revive the prayer after examination of the complainant. The applicant has been arrested on 01.10.2021 in connection with Crime No.320/2021 registered by Police Station-Dharnawada, District Guna for offence punishable under Sections 323, 294, 324, 506, 34 & 326 of IPC. It is submitted by Counsel for the applicant that while deciding the first bail application, a liberty was granted to revive the prayer after examination of the complainant. The complainant has been examined and he has turned hostile. 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 prosecution case. Per contra, the application is opposed by Counsel for the respondent/State. However, after going through the deposition sheet of the complainant, it is fairly conceded that the complainant has turned hostile. It is further submitted that applicant has a criminal history and two more criminal cases have been registered against him. It is further submitted that it appears that either the complainant had lodged the false report or he has deliberately not narrated the truth before the Court, therefore, he is liable to be prosecuted. Heard the learned counsel for the parties. So far as the question of prosecution of complainant is concerned, the same is left with the discretion of the Trial Court, and accordingly, it is directed that while deciding the trial, the Trial Court shall address to the question as to whether the complainant is required to be prosecuted or not. Considering the facts and circumstances of the case 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 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 the trial but in case of bail jump, it shall become ineffective. This order shall remain effective till the end of the 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant. Certified copy as per rule.