Neetu Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8724 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 30th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 30483 of 2022

        Between:-
        NEETU YADAV S/O SHRI RAMLAKHAN YADAV,
        AGED 23 YEARS, OCCUPATION - STUDENT, R/O
        GRAM JALALPURA LAHAR, DISTRICT BHIND
        (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI DHARMENDRA VERMA - ADVOCATE )

        AND

1.      STATE OF MADHYA PRADESH THROUGH
        POLICE STATION ASWAR, DISTRICT BHIND
        (MADHYA PRADESH)

2.      ABHIYOKTRI THROUGH ARAKSHI KENDRA
        ASWAR, DISTRICT BHIND (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR)

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

Case diary is available.

This fourth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Third bail application of the applicant was dismissed as withdrawn by order dated 25/04/2022 passed in MCRC No.15047/2022.

The applicant has been arrested 14/01/2021 in connection with Crime No.18/2020 registered at Police Station Aswar, District Bhind for offence under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO Act.

It is submitted by the counsel for the applicant that although, the previous bail applications of the applicant have already been dismissed on merits, but the prosecutrix has been examined and she has stated that nothing was done by the applicant.

However, it is submitted by the counsel for the State that as per the DNA test report, the applicant is the biological father of the child of the prosecutrix.

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, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

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

Digitally signed by PRINCEE BARAIYA Date: 2022.06.30 17:08:06 -07'00'