Daroga Yadav @ Umesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9870 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 18th OF JULY, 2022

        MISCELLANEOUS CRIMINAL CASE No. 30406 of 2022

         Between:-
         DAROGA YADAV @ UMESH S/O SHRI
         BRIJNANDAN YADAV, AGED ABOUT 24 YEARS,
         R/O GRAM     LILWARI THANA ASAWAR,
         DISTRICT BHIND (MADHYA PRADESH)

                                                                 .....APPLICANT
         (BY SHRI M.L.YADAV - ADVOCATE)

         AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION LAHAR, DISTRICT BHIND
         (MADHYA PRADESH)

                                                              .....RESPONDENT
         (BY SHRI N.K.GUPTA - PUBLIC PROSECUTOR FOR THE STATE)
         (BY SHRI A.S.RATHORE - ADVOCATE FOR THE COMPLAINANT)

       This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 25/11/2021 passed in MCRC No.54208/2021.

The applicant has been arrested on 09/07/2021 in connection with Crime No.300/2021 registered at Police Station Lahar, District Bhind for offence under Sections 363, 366, 366-A, 376(2)(N) of IPC and Section 5L/6 of the POCSO Act.

In view of the DNA test report as well as in the light of the judgment passed by the Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State of Gujarat, passed on 28.09.2018 in Criminal Appeal No.913/2016, the counsel for the applicant seeks permission of this Court to withdraw this application.

Accordingly, the application is dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.18 17:40:18 -07'00'