Radhakishan @ Harikishan Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 4127 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 13914/2022
   (RADHAKISHAN @ HARIKISHAN LODHI Vs THE STATE OF MADHYA
                         PRADESH)

Gwalior, Dated : 24/03/2022

        Shri Ajay Singh Rathore, Counsel for applicant.

        Shri C.P. Singh, 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

22.11.2021

passed in M.Cr.C. No.47861/2021 as withdrawn.

The applicant has been arrested on 13/02/2021 in connection

with Crime No.28/2021 registered at Police Station Bhonti, District

Shivpuri for offence under Sections 366, 376, 506 & 34 of IPC.

It is submitted by Counsel for applicant that the prosecutrix has

turned hostile.

However, it is submitted by Counsel for State that the DNA

report discloses the presence of DNA profile of applicant in the

incriminating articles of prosecutrix and the Supreme Court in the case

of Hemudan Nanbha Gadhvi vs. State of Gujarat reported in

(2019) 17 SCC 523 has held that even if the prosecutrix has turned

hostile, still the accused can be convicted with the help of

circumstantial and scientific evidence.

In view of the judgment passed by the Supreme Court in case of

Hemudan Nanbha Gadhvi (Supra), no case is made out for grant of

bail.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 13914/2022 (RADHAKISHAN @ HARIKISHAN LODHI Vs THE STATE OF MADHYA PRADESH)

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.03.24 17:10:55 +05'30'