Madhya Pradesh High Court
Banti @ Narendra vs The State Of Madhya Pradesh on 13 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.816/2022
(BANTI @ NARENDRA VS. STATE OF M.P. & ANR.)
Through Video Conferencing
Gwalior, Dated : 13/01/2022
Shri S.K.Mishra, learned counsel for the applicant.
Shri Naval Gupta, learned counsel for the State.
Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Second bail application of the applicant
was dismissed as withdrawn by order dated 14/07/2021 passed in
MCRC No.32479/2021.
The applicant has been arrested on 10/03/2021 in connection
with Crime No.07/2021 registered at Police Station Tentra, District
Morena for offence under Sections 376-D, 506 and 34 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the prosecutrix was married to Dileep about
four years back and since, she was being harassed by her in-laws,
therefore, she went to her parental home at Kailaras. It was further
alleged that on persuasion by her in-laws, she came back to her
matrimonial house about one and half months back and her husband
was pressurizing her to enter into a compromise.
On 14/01/2021 at about 8 pm when she had gone to answer the
call of nature, then her Jeth Mukesh and Nandoi (the applicant)
committed rape on her. It is submitted that the applicant has been
THE HIGH COURT OF MADHYA PRADESH
MCRC No.816/2022
(BANTI @ NARENDRA VS. STATE OF M.P. & ANR.)
falsely implicated. The DNA test report has been received subsequent
to the rejection of the second bail application, according to which the
DNA profile of the applicant was not found in the incriminating
article of the prosecutrix. Even otherwise only mixed male Y DNA
was found in the Petticoat of the prosecutrix whereas, very low
uninterruptible male Y DNA profile was found in the vaginal slide in
the pubic hair of the prosecutrix. Further, it is submitted that the
applicant is in jail for the last 10 months. The Trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the State.
Considering the period of detention as well as considering the
facts and circumstances of the case, without commenting on the
merits of the case, the application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the
sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like
amount to the satisfaction of the Trial Court/Committal Court to
appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case
of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in
THE HIGH COURT OF MADHYA PRADESH
MCRC No.816/2022
(BANTI @ NARENDRA VS. STATE OF M.P. & ANR.)
the case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.01.13
17:07:04 -08'00'
