Jeewan Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 1794 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.55912/2021 (Jeewan Kushwah Vs. State of M.P.)

Through video conferencing

Gwalior, Dated: 08.02.2022

Shri Atul Gupta, Counsel for the applicant.

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

Case diary is available.

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

filed for grant of bail. First application was dismissed by order

dt.08.03.2021 passed in M.Cr.C. No.11644/2021.

The applicant has been arrested on 06.10.2020 in connection

with Crime No.337/2020 registered at Police Station Sironj, Distt.

Vidisha for offence under Sections 376(2)(n), 363, 366, 344 of IPC

and Section 5/6 of POCSO Act.

The DNA test report has been received according to which the

applicant is the biological father of the child.

In the light 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, the counsel for the

applicant seeks permission of this Court to withdraw this application.

It is accordingly, dismissed as withdrawn.

(G.S. Ahluwalia) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2022.02.08 17:10:10 -08'00'