Ramadhar Pal vs The State Of Madhya Pradesh
2022 Latest Caselaw 1759 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.161/2022 (Ramadhar Pal Vs. State of M.P.)

Through video conferencing

Gwalior, Dated: 08.02.2022

Shri Kuldeep Thapak, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

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

filed for grant of bail. Third application was dismissed on 23.06.2021

passed in M.Cr.C. No.30644/2021.

The applicant has been arrested on 28.12.2020 in connection

with Crime No.712/2020 registered at Police Station Morar, Distt.

Gwalior for offence under Sections 376, 506 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix has been examined and she has not supported the

prosecution case. This Court by order dt.12.01.2022 had directed the

State Counsel to obtain the DNA test report.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is submitted by Shri C.P. Singh that

the DNA test report has been received and the DNA profile of the

applicant was not found in the incriminating articles of the

prosecutrix.

Considering the facts and circumstances of the case and in

view of the DNA test report, without commenting on the merits of the

THE HIGH COURT OF MADHYA PRADESH MCRC No.161/2022 (Ramadhar Pal Vs. State of M.P.)

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 Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.02.08 16:07:17 -08'00'