Bhawani Prasad Vanshkar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7035 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.47771/2021 Bhawani Prasad Vanshkar v. State of M.P and Anr.

Gwalior, Dated: 29.10.2021

Shri Amin Khan, Counsel for the applicant.

Shri B.S. Gour, 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. Previous application was dismissed by order

dated 19.02.2021 passed in M.Cr.C. No. 9436/2021.

The applicant has been arrested on 24.12.2020 in connection

with Crime No.138/2020 registered at Police Station Pandokhar

Distt. Datia for offence under Sections 363, 366, 366 (A), 342, 376,

511 of IPC and under Sections 7/8 and 17/18 of Protection of

Children from Sexual Offence Act.

On 22.10.2021 statement was made by the Counsel for the

applicant that prosecutrix was never examined medically, therefore,

there is no question of sending the incriminating articles for DNA

Test Report. Today, after seeking instructions, it is submitted by Shri

B.S. Gour that nothing was sent for DNA test.

It is submitted by the Counsel for the applicant that prosecutrix

has been examined and she has not supported the prosecution case.

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 M.Cr.C.47771/2021 Bhawani Prasad Vanshkar v. State of M.P and Anr.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the deposition of

the prosecutrix, it is fairly conceded that she has not supported the

prosecution case.

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,

RAHMAN st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc2 6d2b510cc133f1b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.10.29 15:53:42 -07'00'