Bhola Jain vs The State Of Madhya Pradesh
2021 Latest Caselaw 8407 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 50280/2021
          (BHOLA JAIN Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 07/12/2021

      Shri Prashant Singh Kaurav, Counsel for applicant.

      Shri Nitin Goyal, Counsel for State.

      Case diary is available.

      This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second application was dismissed by order dated

11.08.2021

passed in M.Cr.C. No. 39512/2021.

The applicant has been arrested on 06.02.2021 in connection

with Crime No.114/2021 registered by Police Station Ambah, District

Morena for offence punishable under Sections 376, 376 (2) (n), 344

of IPC and Section 5, 6 of POCSO Act.

It is submitted by Counsel for State that the DNA test report

has been received and it has been found that the DNA profile of

applicant were not present in the incriminating articles of prosecutrix.

In view of the fact that prosecutrix has turned hostile and the

DNA report also does not support the prosecution 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 50280/2021 (BHOLA JAIN Vs THE STATE OF MADHYA PRADESH)

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.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2021.12.07 16:52:29 +05'30'