Arvind Prajapti vs The State Of Madhya Pradesh
2022 Latest Caselaw 4348 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-1779-2022 Arvind Prajapati Vs. State of MP

Gwalior, Dated: 28.03.2022

Shri Ayush Saxena, Counsel for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case Diary is available.

The affidavit filed by Superintendent of Police, Shivpuri is

taken on record.

The Police is directed to remain more vigilant in future as the

life and liberty of a person is at stake.

This fourth application under Section 439 of CrPC has been

filed for grant of bail. Third application was dismissed as withdrawn

by order dated 09.08.2021 passed in M.Cr.C. No.33752/2021.

The applicant has been arrested on 16.01.2021 in connection

with Crime No.468/2020 registered at Police Station Kotwali Distt.

Shivpuri for offence under Sections 363, 366, 376(2)(n) of IPC.

According to the prosecution case, the prosecutrix has turned

hostile.

However, it is submitted by the counsel for the State that as per

the DNA test report, DNA profile of the applicant was found in the

incriminating articles of the prosecutrix.

Accordingly, looking to the DNA test report as well as in the

light of the judgment passed by the Supreme Court in the case of

Hemudan Nanbha Gadhvi Vs. State of Gujarat reported in

THE HIGH COURT OF MADHYA PRADESH MCRC-1779-2022 Arvind Prajapati Vs. State of MP

(2019) 17 SCC 523, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.03.29 18:54:39 +05'30'