Kapil vs The State Of Madhya Pradesh
2021 Latest Caselaw 7422 MP

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             THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C.45228/2021
                     Kapil vs. State of M.P

Gwalior, Dated :15.11.2021

        Ms. Sangeeta Pachauri, Counsel for the applicant.

        Shri Lokendra Shrivastava Counsel for the State.

        Case diary is available.

        It is submitted by the State Counsel that DNA test report is not

available.

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

filed for grant of bail. Previous application was dismissed by order

dated 01.07.2021 passed in M.Cr.C. No. 32209/2021.

        The applicant has been arrested on 10.09.2020 in connection

with Crime No.521/2020 registered at Police Station Bahodapur

Distt. Gwalior for offence under Sections 363 and 376 of IPC and

under Section 3/ 4 of POCSO Act.

        It is submitted by the Counsel for the applicant that after

dismissal of the first bail application, the prosecutrix has been

examined on 31.8.2021 and she has not supported the prosecution

case.

        Accordingly, this Court by order dated 14.09.2021 had directed

the State Counsel to requisition the DNA test report. Thereafter, the

case was adjourned on 27.9.2021, 20.10.2021, 21.10.2021 and

22.10.2021

, but the DNA test report has not been received. Thus, it is

clear that sufficient time has been granted to the State to produce the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.45228/2021 Kapil vs. State of M.P

DNA test report, but it has miserably failed in doing so.

When the prosecutrix has turned hostile, then this Court is left

with no other option, but to release the applicant on bail.

Accordingly, considering the facts and circumstances of the

case, 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

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 ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc13

RAHMAN 3f1b56faa63e77b, pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342048B 7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.15 14:26:10 -08'00'