Ghanshyam Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 1783 MP

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1970/2021 Ghanshyam Kushwaha Vs. State of MP

Jabalpur, Dated : 04-05-2021

Shri Shashank Upadhyay, counsel the applicant.

Shri Shiv Kumar Kashyap, Counsel for the State.

Case diary is not available.

Heard finally through Video Conferencing.

This first criminal appeal has been filed under Section 14-A of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities)Act against the order dated 08.02.2021 passed by Special

Judge ST/SC (Atrocities Act) District - Tikamgarh, M.P. rejecting the

bail application.

The appellant has been arrested on 07.06.2017 in connection with

Crime No.255/2017 registered by Police Station Prithvipur, District

Tikamgarh, M.P. for offence punishable under Sections 376(D), 34 of

IPC and 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

It is submitted that the prosecutrix has turned hostile. However,

in the light of DNA test report, the bail application of the applicant has

been rejected even after examination of the prosecutrix.

Accordingly, in light of the judgment of Supreme Court in the

case of Hemudan Nanbha Gadhvi Vs. State of Gujrat, passed on

28.09.2018 in Criminal Appeal 913/2016, no case is made out for

grant of bail. The application fails and is hereby dismissed.

                                                                   (G.S. Ahluwalia)
Jasleen                                                                  Judge

          Digitally signed
          by JASLEEN
          SINGH SALUJA
          Date: 2021.05.05
          09:39:51 -07'00'