Arvind Singh Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 6810 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.45877/2021
            Arvind Singh Dhakad vs. State of M.P.

Gwalior, Dated : 25.10.2021

      Shri Neetesh Sharma, Counsel for the applicant.

      Shri    B.M.     Shrivastava,    Public    Prosecutor     for   the

respondent/State.

Case diary is available.

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

filed for grant of bail. The second application was dismissed by order

dated 25.8.2021 passed in M.Cr.C.No.41899/2021.

The applicant has been arrested on 21.1.2021 in connection

with Crime No.42/2021 registered at Police Station Kailaras, District

Morena for offence under Section 376-D of IPC.

In compliance of order dated 17.9.2021, the DNA test report

has been received.

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 further submitted that even according to the

Test Identification Parade, the DNA profile of the applicant has not

been found in the incriminating articles of the prosecutrix. Thus 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 case.

THE HIGH COURT OF MADHYA PRADESH MCRC No.45877/2021 Arvind Singh Dhakad vs. State of M.P.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, after going through the

DNA test report, it is fairly conceded that the DNA profile of the

applicant has not been found in the incriminating articles of the

prosecutrix.

Considering the facts and circumstances of the case as well as

period of detention, 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/-(Rs.

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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

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
2021.10.25 17:22:53 +05'30'