Maniram Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 8375 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 23rd OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 30492 of 2022

        Between:-
        MANIRAM DHAKAD S/O SHRI MANGAL SINGH,
        AGE   40  YEARS, R/O MADHO NAGAR
        LAXMIGANJ LASHKAR GWALIOR (MADHYA
        PRADESH)

                                                                .....APPLICANT
        (BY SHRI RAHUL SHRIVASTAVA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION JANAKGANJ     (MADHYA
        PRADESH)

                                                             .....RESPONDENT
        (BY SHRI A.K. NIRANKARI - ADVOCATE)

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

Case diary is not available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 25.4.2022 passed in M.Cr.C.No.16018/2022.

The applicant has been arrested on 12.09.2021 in connection with Crime No.699/2020 registered at Police Station Janakganj, District Gwalior for offence under Sections 376, 504, 376(D), 34 of IPC.

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 as per the DNA test report, the DNA profile of the applicant was found in the incriminating articles of the prosecutrix.

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 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 2022.06.24 17:17:50 +05'30'