Ghanshyam Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 4312 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.9565/2022
                Ghanshyam Baghel vs. State of M.P.

Gwalior, Dated : 28/03/2022

        Shri Prasun Maheshwari, Counsel for the applicant.

        Shri PPS Vajeeta, Counsel for the respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed by order

dated 22.2.2021 passed in M.Cr.C.No.8440/2021.

The applicant has been arrested on 8.1.2021 in connection with

Crime No.09/2021 registered at Police Station Girwai, District

Gwalior for offence under Section 376 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile. There is no substantial evidence against

the applicant. 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, in view of DNA test report, it is

submitted that DNA profile found on the incriminating articles of the

prosecutrix were different from the DNA profile of the applicant, but it

is submitted that it appears that either the witnesses had made a false

report or they have not narrated the true facts before the Court,

therefore, they are liable to be prosecuted.

Whether the prosecution of witnesses is desirable or not is left

THE HIGH COURT OF MADHYA PRADESH MCRC No.9565/2022 Ghanshyam Baghel vs. State of M.P.

to the discretion of the Trial Court. Therefore, 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

witnesses is warranted or not.

In view of 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 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 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 (alok)

ALOK KUMAR 2022.03.28 18:31:52 +05'30'