GOPI V VARTI Vs. MAHESH PRASAD

JUDGEMENT

(1.) In a case arising out of Crime No.04/2014 registered at Police Station AJJAK, District Harda for the offences punishable under Section 294 & 323/34 of IPC and Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act, 1989 under the provisions of Section 439 of the Code of Criminal Procedure, 1973, hereinafter in short 'the Code', the trial Court granted bail to respondent No.1 Mahesh Prasad vide order dated 04.03.2014 passed in M.Cr.C. No.10/2014 and directed that respondent No.1 be released on bail on furnishing a personal bond to the tune of Rs.25,000/- (Twenty Thousand only) with a solvent surety in the like amount to the satisfaction Judicial Magistrate, First Class, Harda. Being aggrieved by the same, the applicant/complainant filed an application for cancellation of bail granted to respondent No.1, which was also rejected by learned trial Court by the impugned order, hence this Criminal Revision by the applicant/complainant.

(2.) Shri S.N. Saraf, learned counsel for the applicant submitted that the respondent No.1 had violated the terms and conditions of bail granted vide order dated 04.03.2014 and tried to altered the evidence of the prosecution and also threatened to witness Narayan Saini. A written complaint in this regard has also been lodged before the Superintendent of Police, Harda. Hence, the impugned order be set aside and the bail order dated 04.3.2014 by the trial Court be cancelled.

(3.) Per contra Shri Monesh Sahu, learned counsel for the respondent No.1 has submitted that the respondent No.1 did not try to impress the witnesses of the prosecution and the Superintendent of Police (AJJAK), Bhopal had submitted a report on 21.5.2014 that the FIR lodged by wife of the applicant being false and frivolous, the proceedings arising out of the FIR can be closed.