Man Singh @ Mansha Kewat vs The State Of Madhya Pradesh
2021 Latest Caselaw 8200 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-58198-2021 Man Singh @ Mansha Kewat Vs. State of MP

Gwalior, Dated : 03-12-2021

Shri Sushant Tiwari, Counsel for the applicant.

Shri Rajesh Shukla, Dy. Advocate General for the State.

Case Diary is available.

This second application under Section 439 of CrPC has been

filed for grant of bail. First application of the applicant was dismissed

as withdrawn by order dated 21.01.2021 passed in M.Cr.C.

No.2767/2021.

The applicant has been arrested on 27.08.2020 in connection

with Crime No.95/2020 registered at Police Station Chirula Distt.

Datia for the offence under Sections 302, 376 of IPC.

It is submitted by the counsel for the applicant that the material

witnesses including eyewitnesses have turned hostile. However, it is

fairly conceded that there is also a circumstantial evidence of

recovery of Aadhar Card and a button of shirt of the applicant from

the spot.

In view of the judgment passed by the Supreme Court in the

case of Hemudan Nanbha Gadhvi Vs. State of Gujarat reported in

(2019) 17 SCC 523, according to which a person can also be

convicted with the help of scientific/forensic/circumstantial evidence,

no case is made out for grant of bail.

THE HIGH COURT OF MADHYA PRADESH MCRC-58198-2021 Man Singh @ Mansha Kewat Vs. State of MP

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.12.03 14:58:07 +05'30'