Bhupendra Varma (Aarya) vs The State Of Madhya Pradesh
2022 Latest Caselaw 178 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-57403-2021 Bhupendra Verma (Arya) Vs. State of MP and anr.

Gwalior, Dated : 04.01.2022

Ms. Geeta Gupta, Counsel for the applicant.

Shri R.K. Awasthi, Counsel for the State.

Case Diary is available.

This fourth application under Section 439 of CrPC has been

filed for grant of bail. Second application of the applicant was

dismissed on merits by order dated 30.09.2020 passed in M.Cr.C.

No.29328/2020.

The applicant has been arrested on 15.04.2020 in connection

with Crime No.134/2020 registered at Police Station Hazeera Distt.

Gwalior for offence under Sections 376, 506, 120-B of IPC and

Sections 3, 4 of POCSO Act.

It is submitted by the counsel for the applicant that the

prosecutrix had turned hostile.

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

the DNA test report, DNA profile was found in the incriminating

articles of the prosecutrix.

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, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.05 17:14:11 +05'30'