Aftar Khaa @ Rinka vs The State Of Madhya Pradesh
2022 Latest Caselaw 4311 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-7543-2022
              Aftar Khan @ Rinka Vs. State of MP

Gwalior, Dated: 28.03.2022

      Shri Pradeep Katare, Counsel for the applicant.

      Shri C.P. Singh, Counsel for the State.

      Case Diary is available.

      This second application under Section 439 of CrPC has been

filed for grant of bail. First application was dismissed by order dated

27.10.2021

passed in M.Cr.C. No.52636/2021.

The applicant has been arrested on 25.08.2021 in connection

with Crime No.186/2020 registered at Police Station Malanpur Distt.

Bhind for offence under Sections 363, 376, 109 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile and as per the DNA test report, DNA

profile of the applicant was not found in the incriminating article of

the prosecutrix.

Per contra, the application is vehemently opposed by the

counsel for the State. It is fairly conceded by the counsel for the State

that not only, the prosecutrix has turned hostile, but the DNA test

report is also against the prosecution, but it is submitted that it

appears that either the prosecutrix had given a false information to

the police or she has not narrated the truth before the Court,

therefore, she is liable to be prosecuted.

So far as the question of prosecution of the prosecutrix is

THE HIGH COURT OF MADHYA PRADESH MCRC-7543-2022 Aftar Khan @ Rinka Vs. State of MP

concerned, it is directed that the Trial Court while deciding the trial

shall address on this issue also and shall pass a specific order as to

whether the prosecution of the prosecutrix is warranted or not ?

Considering the fact that the prosecutrix has turned hostile and

without commenting anything 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) Judge Abhi ABHISHEK CHATURVEDI 2022.03.29 17:09:35 +05'30'