Ashok Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 595 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.61008/2021 Ashok Rajak v. State of M.P and Anr.

Gwalior, Dated: 12.01.2022

Shri Keshav Pathak, counsel for the Applicant.

Shri Rajiv Upadhyay, Counsel for the State.

Case diary is available.

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

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

dated 09.11.2021 in M.Cr.C. No.52369/2021.

The applicant has been arrested on 04.02.2021 in connection

with Crime No.20/2021 registered by Police Station Rithorakala

District Morena for offence punishable under Sections 354, 323, 506,

34 of IPC and under Section 7/8 of POCSO Act, further added

Sections 376, 376 (d), 341 of IPC and 3/ 4, 5 (g)/6 of POCSO Act.

It is submitted by Counsel for the applicant that previous bail

application was dismissed as withdrawn with liberty to revive the

prayer after examination of prosecutrix. It is submitted that

prosecutrix has been examined and she has not supported the

prosecution case.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that DNA test report has been

received, according to which, the DNA profile of the applicant was

found in the incriminating articles of the prosecutrix and accordingly

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

THE HIGH COURT OF MADHYA PRADESH MCRC.61008/2021 Ashok Rajak v. State of M.P and Anr.

of Hemudan Nanbha Gadhvi vs. State of Gujarat, passed on

28.09.2018 in Criminal Appeal No.913/2016, it cannot be said that

there is no substantive evidence against the applicant.

Considering the fact that the DNA test report is against the

applicant and the applicant can still be convicted on the basis of DNA

test report, no case is made out for grant of bail. The application fails

and is hereby dismissed.

Registry of this Court is directed to send a copy of this order to

the trial Court for necessary information.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.01.12 16:00:40 +05'30'