Bhagwandas Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 2623 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-18831-2021 Bhagwandas Kushwah Vs. State of MP

Through Video Conferencing

Gwalior, Dated : 22-06-2021

Shri Mukesh Sharma, Counsel for the applicant.

Shri Alok Sharma, Counsel for the State.

Case diary is available.

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

filed for grant of bail. Second application was dismissed on merits by

order dated 25.02.2021 passed in M.Cr.C. No.11031/2021.

The applicant has been arrested on 17.01.2021 in connection

with Crime No.343/2020 registered at Police Station Karera Distt.

Shivpuri for offence under Sections 376, 506 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile.

This Court by order dated 30.04.2021 had directed the State

counsel to obtain the DNA test report.

It is submitted by Shri Alok Sharma that yesterday DNA test

report has been received and DNA profile of the applicant has been

found in the vaginal slide of the prosecutrix.

Considering the DNA test report as well as in the light of the

judgment passed by the Supreme Court in the case of Hemudan

Nanbha Gadhvi vs. State of Gujarat, passed on 28.09.2018 in

THE HIGH COURT OF MADHYA PRADESH MCRC-18831-2021 Bhagwandas Kushwah Vs. State of MP

Criminal Appeal No.913/2016, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.06.23 10:32:55 +05'30'