Bhupendra Verma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7877 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 15th OF JUNE, 2022

               MISC. CRIMINAL CASE No. 24948 of 2022

        Between:-
        BHUPENDRA VERMA S/O SHRI BHAJANLAL,
        AGED 22 YEARS, OCCUPATION: LABOUR, R/O
        NAI BASTI, RESHAM MILL, DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                              .....APPLICANT
        (BY SHRI SHIV PRATAP SINGH - ADVOCATE )

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION HAZIRA, DISTRICT GWALIOR
        (MADHYA PRADESH)

2.      ABHIYOKTRI    THROUGH POLICE STATION
        HAZIRA,  DISTRICT  GWALIOR   (MADHYA
        PRADESH)

                                                           .....RESPONDENTS
        (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR )

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

Case diary is available.

This sixth application under Section 439 of Cr.P.C. has been filed for grant of bail. The fifth application was dismissed as withdrawn by order dated 23.3.2022 passed in M.Cr.C.No.14490/2022.

The applicant has been arrested on 15.04.2020 in connection with Crime No.134/2020 registered at Police Station Hazira, District Gwalior for offence under Sections 376, 506, 120-B of IPC and under Section 3/4 of the POCSO

Act.

It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has not supported the prosecution case. However, he fairly conceded that the DNA test report has already been received, according to which, the DNA profile of the applicant was found in the incriminating articles of the prosecutrix.

Per contra, the application is vehemently opposed by the counsel for the respondent/State.

Heard the learned counsel for the parties. The previous bail application has already been dismissed on the ground

of presence of DNA profile of the applicant. 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 (alok)

ALOK KUMAR 2022.06.15 17:27:52 +05'30'