Kallu @ Pradeep vs The State Of Madhya Pradesh
2022 Latest Caselaw 3014 MP

                          1
          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 10445/2022
         (KALLU @ PRADEEP Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 03/03/2022

      Shri Gaurav Mishra, Counsel for applicant.

      Shri Rajeev Upadhyay, Counsel for State.

      Case diary is available.

      This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second application was dismissed by order dated

25.10.2021 passed in M.Cr.C. No.46853/2021 as withdrawn.

      The applicant has been arrested on 21.01.2021 in connection

with Crime No.42/2021 registered by Police Station - Kailaras,

District Morena for offence punishable under Section 376-D of IPC.

      It is submitted by Counsel for applicant that earlier the

prosecutrix was examined in the trial. Although, the applicant was

present through video conferencing but his Counsel did not cross

examine the prosecutrix on his behalf, and accordingly, an application

under Section 311 of Cr.P.C was moved which was allowed by the

Trial Court by order dated 29.01.2022 and the prosecutrix was cross

examined by the Counsel for applicant. By referring to cross

examination, it is submitted by Counsel for applicant that the

prosecutrix herself has admitted that she had voluntarily physical

relationship with the applicant. It is submitted that in view of the

statement of prosecutrix in her cross-examination, it is clear that the

presence of DNA profile of the applicant in the cloths of the

prosecutrix will loose its effect because prosecutrix is major and she
                                          2
                         THE HIGH COURT OF MADHYA PRADESH
                                     MCRC No. 10445/2022
                        (KALLU @ PRADEEP Vs STATE OF MADHYA PRADESH)

               entered into physical relationship on her own volition. The trial is

               likely to take sufficiently long time and there is no possibility of his

               absconding or tampering with prosecution case.

                     Per contra, the application is opposed by Counsel for the

               respondent/State.

Heard the learned counsel for the parties.

Considering the cross examination of prosecutrix and 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 Only) 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 the trial but in

case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.03.03 16:55:15 +05'30'