Nareshi @ Naresh Kewat vs The State Of Madhya Pradesh
2022 Latest Caselaw 6929 MP

                       1
      THE HIGH COURT OF MADHYA PRADESH
               MCRC No.15355/2022
 (NARESHI @ NARESH KEVAT VS. STATE OF M.P. & ANR.)


Gwalior, Dated : 07/05/2022

      Shri Rajesh Goswami, learned counsel for the applicant.

      Smt. Anjali Gyanani, learned counsel for the State.

      Case diary is available.

      This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the applicant

was dismissed as withdrawn by order dated 07/09/2021 passed in

MCRC No.44159/2021.

      The applicant has been arrested on 19/06/2021 in connection

with Crime No.169/2021 registered at Police Station Umri, District

Bhind for offence under Sections 376 and 305 of IPC and Section 5

and 6 of POCSO Act.

      It is submitted by the counsel for the applicant that the

prosecution witnesses have turned hostile.

      Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted by the counsel for the State that the

DNA profile of the applicant was found in the vaginal swab of the

prosecutrix. The prosecutrix is the younger sister-in-law (Sali of the

applicant).

In view of 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, passed on 28.09.2018 in

THE HIGH COURT OF MADHYA PRADESH MCRC No.15355/2022 (NARESHI @ NARESH KEVAT VS. STATE OF M.P. & ANR.)

Criminal Appeal No.913/2016, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

                                                               (G.S. Ahluwalia)
Pj'S/-                                                               Judge
    Digitally signed
    by PRINCEE
    BARAIYA
    Date: 2022.05.07
    17:49:00 -07'00'