Rajesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7440 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-48491-2021 Rajesh Vs. State of MP and anr.

Gwalior, Dated: 15-11-2021

Shri H.K. Shukla, Counsel for the petitioner.

Shri Rinkesh Goyal, 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 of the applicant was

dismissed as withdrawn by order dated 23.04.2021 passed in M.Cr.C.

No.17714/2021.

The applicant has been arrested on 12/01/2021 in connection

with Crime No.129/2020 registered at Police Station Shadhora,

District Ashoknagar for offence under Sections 363, 366, 376(2)(H)

(N) of IPC and Sections 5(1)/6, 5(q) and 5(j)(ii) of the POCSO Act.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile.

Accordingly, this Court had directed the State counsel to

produce the DNA report.

It is submitted by Shri Rinkesh Goyal that as per the DNA

report, the applicant is biological father of the child of the

prosecutrix, which clearly shows that she was raped and she was

minor at the time of incident.

In view of the DNA test report as well as in the light of the

THE HIGH COURT OF MADHYA PRADESH MCRC-48491-2021 Rajesh Vs. State of MP and anr.

judgment passed by the Supreme Court in the case of Independent

Thought Vs. Union of India and another reported in (2017) 10

SCC 800, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.11.15 14:07:26 +05'30'