Rekha vs The State Of Madhya Pradesh
2022 Latest Caselaw 13344 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 11th OF OCTOBER, 2022

                                          MISC. CRIMINAL CASE No. 43967 of 2022

                                   BETWEEN:-
                                   REKHA W/O SIRNAAM SINGH, AGED ABOUT 36
                                   YEARS, OCCUPATION - LABORER, R/O VILLAGE
                                   IMLIYA, POLICE STATION PIPRAI, DISTRICT
                                   ASHOKNAGAR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                                   (BY SHRI AJAY RAGHUVANSHI - ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION PIPRAI DISTT. ASHOKNAGAR
                                   (MADHYA PRADESH)

                           2.      PR OSECUTR IX THROUGH POLICE STATION
                                   PIPRAI,  DISTRICT ASHOKNAGAR (MADHYA
                                   PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI P.S. RAGHUVANSHI - PUBLIC PROSECUTOR FOR THE
                                   STATE)

                                 This application coming on for hearing this day, the court passed the

                           following:
                                                               ORDER

Case diary is available.

This 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 First bail application of the applicant was dismissed as withdrawn by order dated 16/11/2021 passed in MCRC No.53596/2021.

The applicant has been arrested on 20/08/2021 in connection with Crime No.255/2021 registered at Police Station Piprai, District Ashoknagar for offence

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM

under Sections 363, 366A, 370(4), 376(3), 120, 34 of IPC and Section 3/4(2) of POCSO Act and Sections 3(1)(w)(ii), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has not supported the prosecution case.

This Court by order dated 15/09/2022 had directed the State counsel to obtain the DNA test report.

It is submitted by the counsel for the State that DNA test report has been received and uninterpretable low Y DNA profile was found on the salwar of the prosecutrix. Thus, its comparison with the blood sample of the co-accused is

not possible. However, it is submitted that the applicant has criminal history and one more offence similar in nature registered against her, i.e., Crime No.254/2021. It is further 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 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 facts and circumstances of the case 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) 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 Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM

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 Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM