Madhya Pradesh High Court
Rajendra Singh @ Rajan Singh ... vs The State Of Madhya Pradesh on 14 December, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.54084/2021
Rajendra Singh V. State of M.P
Gwalior, Dated:14.12.2021
Shri Ankur Maheshwari, Counsel for the applicant.
Shri Rajiv Upadhyay, Counsel for the State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. Previous application was dismissed by order
dated 13.09.2021 passed in M.Cr.C. No. 45146/2021.
The applicant has been arrested on 16.05.2021 in connection
with Crime No.130/2021 registered at Police Station Kumbhraj Distt.
Guna for offence under Sections 376, 506 of IPC and under Sections
3 (i) (w) (ii), 3 (2) (v) of SC/ST Act and 3/ 4 of POCSO Act.
It is submitted by the counsel for the applicant that prosecutrix
has been examined and she has not supported the prosecution case.
Accordingly, this Court by order dated 08.11.2021 had directed
the State Counsel to produce the DNA test report. Thereafter, on
22.11.2021
also one more opportunity was granted to produce the
DNA test report. Today also, the DNA test report is not available.
It is submitted by Counsel for the State that incriminating
articles as well as blood sample of the applicant have been sent to
RFSL, Bhopal, but the DNA test report has not been received.
Heard the learned Counsel for the parties.
The Supreme Court in the case of Hemudan Nanbha Gadhvi
THE HIGH COURT OF MADHYA PRADESH
MCRC.54084/2021
Rajendra Singh V. State of M.P
vs. State of Gujarat, passed on 28.09.2018 in Criminal Appeal
No.913/2016 has held that even if a prosecutrix has turned hostile,
still an accused can be convicted on the basis of forensic/scientific
evidence.
Unfortunately, Regional Forensic Science Laboratories
functioning within the State of Madhya Pradesh have failed to realize
the importance of forensic evidence and in spite of two opportunities
given by this Court, RFSL, Bhopal has failed to provide the DNA
test report.
Under these circumstances, this Court is of the considered
opinion that the accused cannot be allowed to languish in jail merely
on the mercy of RFSL, Sagar or RFSL, Bhopal.
Under these circumstances, in spite of the judgment passed by
the Supreme Court in the case of Hemudan (supra), this Court is
left with no other option but to release the applicant on bail.
Accordingly, 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) 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
THE HIGH COURT OF MADHYA PRADESH
MCRC.54084/2021
Rajendra Singh V. State of M.P
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.
It is made clear that RFSL, Bhopal is solely responsible for the
bail which is being granted to the applicant as in spite of repeated
opportunities, they did not think it proper to conduct the DNA test.
Superintendent of Police, Guna is directed to bring this order
to the knowledge of Director General of Police, Madhya Pradesh
pointing out the functioning of RFSL, Bhopal.
The State Counsel is directed to down load the order from
the website of High Court of Madhya Pradesh and communicate
the same to Superintendent of Police, Guna for further
information to the Director General of Police.
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
ar
ABDUR RAHMAN
2021.12.14
16:48:37 +05'30'
