Dilkhush Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 3093 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.5227/2022 (DILKHUSH MEENA VS. STATE OF M.P.)

Gwalior, Dated : 04/03/2022

Shri Arjun Sharma, learned counsel for the applicant.

Shri Rajiv Upadhyay, learned counsel for the State.

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was dismissed as withdrawn by order dated 26/10/2021 passed in

MCRC No.47784/2021.

The applicant has been arrested on 12/07/2021 in connection

with Crime No.126/2021 registered at Police Station Dehat Sheopur,

District Sheopur for offence under Sections 376(D), 342, 506, 341

and 366 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix has been examined and she has turned hostile. It is

further submitted that in compliance of order dated 01/02/2022, the

prosecution has produced the DNA test report and even according to

the DNA test report, the DNA profile of the applicant was not found

in any of the incriminating article of the prosecutrix whereas, DNA of

co-accused Mukesh Meena was found. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.5227/2022 (DILKHUSH MEENA VS. STATE OF M.P.)

counsel for the State.

Considering the DNA test report as well as considering the

facts and circumstances of the case, 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) 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 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 and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.04
         15:07:23 -08'00'