Shriram Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 3933 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.7862/2022 (SHRIRAM ADIWASI VS. STATE OF M.P.)

Gwalior, Dated : 22/03/2022

Ms. Monica Mishra, learned counsel for the applicant.

Shri Rajeev Upadhyay, learned counsel for the State.

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 by order dated 28/01/2022 passed in MCRC No.4607/2022.

The applicant has been arrested on 08/02/2021 in connection

with Crime No.48/2021 registered at Police Station Kolaras, District

Shivpuri for offence under Sections 376 and 363 of IPC and Sections 3

and 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. 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

counsel for the State. However, after going through the DNA test

report, it is fairly conceded that the DNA profile of the applicant was

not found in any of the incriminating articles of the prosecutrix. It is

further submitted that thus, it appears that either the prosecutrix has

lodged a false report or she has not narrated the truth before the Trial

THE HIGH COURT OF MADHYA PRADESH MCRC No.7862/2022 (SHRIRAM ADIWASI VS. STATE OF M.P.)

Court, therefore, she is liable to be prosecuted.

So far as the prosecution of the prosecutrix is concerned, it is

left to the discretion of the Trial Court to take decision on this aspect at

the time of final arguments. However, it is directed that the Trial Court

shall specifically address to this question while deciding the trial.

In view of the fact that the prosecutrix has turned hostile as well

as negative DNA test report 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) 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: 2022.03.22
    15:22:30 -07'00'