Mohit Alias Attu Bairagi vs The State Of Madhya Pradesh
2022 Latest Caselaw 1829 MP

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          THE HIGH COURT OF MADHYA PRADESH
                           Cr.A.323/2022
          Mohit alias Attu Bairagi v. State of MP and Anr.

                      Through video conferencing

Gwalior, Dated: 09.02.2022

      Shri Rishikesh Bohare, Counsel for the appellant.

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

      None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (in short "Act").

Case diary is available.

This appeal has been filed under Section 14-A (2) of the Act

against the order dated 18.03.2021 passed by Special Judge

(Atrocities Act) Ashoknagar, rejecting the bail application.

The appellant has been arrested on 07.02.2021 in connection

with Crime No.213/2020 registered by Police Station Kadwaya Distt.

Ashoknagar for offence punishable under Sections 363, 366-A, 376

(2) (n) of IPC and Sec. 5/6 of POCSO Act and under Section 3(2)(v),

3(1) (w) (i) of the Act.

DNA report has been received.

It is submitted by the Counsel for the appellant that prosecutrix

has turned hostile.

Per contra, the application is opposed by the Counsel for the

State. It is submitted by the Counsel for the State that DNA profile

THE HIGH COURT OF MADHYA PRADESH Cr.A.323/2022 Mohit alias Attu Bairagi v. State of MP and Anr.

found in the pubic hair of the prosecutrix has matched with the DNA

profile of the applicant.

In the light of judgment passed in the case of Hemudan

Nanbha Gadhvi Vs. State of Gujarat reported in (2019) 17 SCC

523, no case is made out for grant of bail, the application fails and is

hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.02.09 15:30:28 +05'30'