Pramod Yadav @ Babbal Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 5209 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.17566/2022 (PRAMOD YADAV @ BABBAL YADAV VS. STATE OF M.P.)

Gwalior, Dated : 08/04/2022

Shri Shahrukh Alam, learned counsel for the applicant.

Shri P.P.S.Vajeeta, learned counsel for the State.

Case diary is available.

This sixth repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Fifth bail application of the applicant was

dismissed as withdrawn by order dated 21/01/2022 passed in MCRC

No.3017/2022.

The applicant has been arrested on 19/08/2020 in connection

with Crime No.339/2020 registered at Police Station Jhansi Road,

District Gwalior for offence under Section 302 of IPC and Section

25/27 of the Arms Act.

It is submitted by the counsel for the applicant that material

witnesses have turned hostile.

However, it is submitted by the counsel for the State that as per

the FSL report, the country made pistol seized from the possession of

the applicant was not only found in working condition but the Nitrate

was also found in its barrel and .315/8 mm caliber cartridge was also

found to have been fired from the pistol seized from the possession of

the applicant. Not only that the bottle of liquor, which was seized

from the spot was also found containing finger prints of the

applicant.

THE HIGH COURT OF MADHYA PRADESH MCRC No.17566/2022 (PRAMOD YADAV @ BABBAL YADAV VS. STATE OF M.P.)

In the light of the judgment passed by the Supreme Court in the

case of Hemudan Nanbha Gadhvi vs. State of Gujarat, passed on

28.09.2018 in Criminal Appeal No.913/2016, according to which

the accused can be convicted with the help of scientific/forensic

evidence, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

                                                                    (G.S. Ahluwalia)
 Pj'S/-                                                                   Judge

Digitally signed by
PRINCEE BARAIYA
Date: 2022.04.08
15:39:18 -07'00'