Manish Singh Lodhi vs The State Of Madhya Pradesh
2021 Latest Caselaw 7046 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.50387/2021 (MANISH SINGH LODHI VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 29/10/2021

Shri R.P.Singh, learned counsel for the applicant.

Shri C.P.Singh, learned counsel for the State.

Case diary is available.

This is fourth repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. Third bail application of the applicant

was dismissed by order dated 22/06/2021 passed in MCRC

No.27423/2021.

The applicant has been arrested on 02/09/2020 in connection

with Crime No.146/2020 registered at Police Station Indar District

Shivpuri for offence under Sections 363, 376, 366 of IPC and Section

3/4 of the POCSO Act.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile and even in the DNA test report no

male DNA was found.

Per contra, the application is vehemently opposed by the

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

the prosecutrix as well as DNA test report, it is submitted that neither

the prosecutrix has supported the prosecution case nor the DNA test

report shows presence of any male DNA.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC No.50387/2021 (MANISH SINGH LODHI VS. STATE OF M.P. & ANR.)

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)
Pj'S/-                                                                    Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.10.29
         15:24:19 -07'00'