Akash Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1854 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 1469/2022
            (AKASH JATAV Vs STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 09/02/2022

      Shri Brijesh Tyagi, Counsel for applicant.

      Shri R.K. Awasthi, Counsel for State.

      Case diary is available.

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

grant of bail. The third application was dismissed by order dated

06.12.2021

passed in M.Cr.C. No.52317/2021 as withdrawn.

The applicant has been arrested on 18.12.2020 in connection

with Crime No.368/2020 registered at Police Station Mahila Thana

Padav, District Gwalior for offence under Sections 376, 506 of IPC.

The DNA test report has been received according to which very

low uninterpretable Y-chromosome has been found in the

incriminating articles of prosecutrix. As per the FSL report, human

sperms and semen were found. The presence of very low

uninterpretable Y-chromosome indicates the presence of sperms,

however, they were not sufficient to give a specific report.

Thus, the DNA test report supports the FSL report.

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

case of Hemudan Nanbha Gadhvi vs. State of Gujarat reported in

(2019) 17 SCC 523 in which it has held that even if the prosecutrix

has turned hostile, an accused can be convicted with the help of FSL

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1469/2022 (AKASH JATAV Vs STATE OF MADHYA PRADESH)

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

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.02.09 17:11:20 +05'30'