Ajmer Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8998 MP

                               1
          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.51109/2021
              Ajmer Yadav vs. State of M.P. & Anr.

Gwalior, Dated : 20/12/2021

      Shri Dinesh Sharma, Counsel for applicant.

      Shri APS Tomar, Counsel for respondent/State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed by order

dated 28.6.2021 passed in M.Cr.C.No.28478/2021.

The applicant has been arrested on 3.2.2021 in connection with

Crime No.25/2021 registered at Police Station Civil Line, District

Datia for offence under Sections 363, 366A, 343, 376(2)(n), 376(D),

120-B of IPC and under Section 5L/6 of the POCSO Act.

It is submitted by Shri Sharma that the prosecutrix has turned

hostile and she has not supported the prosecution case. Accordingly,

this Court by order dated 29.10.2021 had directed the prosecution to

produce the DNA test report of the applicant.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that as per the DNA test report of

the applicant is not the biological father of the foetus whereas the co-

accused Sonu Parihar is the biological father of the foetus and the

prosecutrix is the biological mother of the foetus. According to the

prosecution case, the applicant had acted as a bridge between the

prosecutrix and the co-accused Sonu Parihar and had also threatened

the prosecutrix that she should talk to Sonu Parihar. Except the

THE HIGH COURT OF MADHYA PRADESH MCRC No.51109/2021 Ajmer Yadav vs. State of M.P. & Anr.

aforesaid allegation, there is no allegation of rape against the

applicant.

In view of the allegations made against the applicant coupled

with the fact that the applicant was not found to be the biological

father of the foetus as well as considering the period of detention, 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 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 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.

Certified copy as per rules.

(G.S. Ahluwalia) Judge

(alok)

ALOK KUMAR 2021.12.20 14:58:02 +05'30'