Santosh Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6446 MP

   1     THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No.48774/2021

Santosh Parihar Vs. The State of MP and another

Gwalior, Dated:05/10/2021

Shri Sunil Kumar Dubey, Counsel for the applicant.

Smt. Padamshri Agrawal, 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 under Section 439 of

Cr.P.C. was dismissed as withdrawn by order dated 9/6/2021 passed

in M.Cr.C. No.27103/2021.

The applicant has been arrested on 22/2/2021 in connection

with Crime No.25/2021 registered at Police Station Civil Line, Distt.

Datia for offence under Sections 363, 366-A, 343, 376, 376 (2) (N),

376 (D), 109, 120-B of IPC and Sections 5L/6, 5/6, 17 of the

POCSO, Act.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile and she has not supported the

prosecution case. It is submitted that there is no allegation against the

applicant that he had ever committed rape on the prosecutrix. The

allegations against the applicant was that he was assisting the co-

accused Sonu Parihar and since the prosecutrix has turned hostile,

therefore, at present there is no substantive evidence against the

applicant. The trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with the prosecution 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48774/2021 Santosh Parihar Vs. The State of MP and another

case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the DNA test report has

been received and it has been found that the incriminating articles

contain DNA profile of co-accused Sonu. However, it is fairly

conceded that there is no allegation of rape against the applicant.

Considering the facts and circumstances of the case, but

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 Arun* ARUN KUMAR MISHRA 2021.10.07 15:24:08 +05'30'