Deepu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7174 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.47980/2021
                   Deepu vs. State of M.P.

Gwalior, Dated : 09.11.2021

       Shri Ram Kishor Sharma, Counsel for the applicant.

       Shri C.P. Singh, Panel Lawyer for the respondent/State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 18.12.2020 in connection

with Crime No.166/2020 registered at Police Station Mihona, District

Bhind for offence under Sections 376, 376(d-a), 312, 313, 506 of IPC

and under Sections 3, 4, 6, 5(G)(J)/6 of the POCSO Act.

It is submitted by the counsel for the applicant that the

prosecutrix has been examined and she has not supported the

prosecution case. Accordingly, this Court by order dated 1.10.2021

had directed the State Counsel to obtain the DNA test report.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted by Shri C.P. Singh that the DNA

test report has been received and uninterpretable low Y-Chromosome

STR DNA profile was found as a result it was opined that it is not

possible to match the DNA profile of the applicant with the DNA

profile found in the incriminating articles of the prosecutrix.

In view of the fact that uninterpretable low Y-Chromosome

THE HIGH COURT OF MADHYA PRADESH MCRC No.47980/2021 Deepu vs. State of M.P.

STR DNA profile was found in the incriminating articles of the

prosecutrix and was not possible to match the DNA profile of the

applicant coupled with the fact that the prosecutrix has turned hostile,

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)
 (alok)                                                               Judge




ALOK KUMAR
2021.11.09 17:26:51 +05'30'