Gaurav @ Tinku vs The State Of Madhya Pradesh
2022 Latest Caselaw 13529 MP

                                 1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 13th OF OCTOBER, 2022

               MISC. CRIMINAL CASE No. 45047 of 2022

        BETWEEN:-
        GAURAV @ TINKU S/O SHRI RAMDUTT
        SHARMA, AGE 24 YEARS, R/O VILLAGE NIWARI
        P.S. ATER  DISTRICT BHIND       (MADHYA
        PRADESH)

                                                              .....APPLICANT
        (BY SHRI DEEPENDRA SINGH KUSHWAH-ADVOCATE)

        AND
        STATE OF MADHYA PRADESH THROUGH THE
        STATION HOUSE OFFICER OF POLICE STATION
        MATABASAIYA DISTRICT MORENA (MADHYA
        PRADESH)

                                                            .....RESPONDENT
        (BY SHRI RAJEEV UPADHYAY-PUBLIC PROSECUTOR)

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

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 07.07.2022 passed in M.Cr.C. No.30803/2022.

The applicant has been arrested on 02.03.2022 in connection with Crime No.205/2021 registered at Police Station Matabasaiya Distt. Morena for offence under Sections 363, 366, 376 of IPC and Section 3/4 of POCSO Act.

It is submitted by counsel for applicant that prosecutrix has been

examined and she has not supported the prosecution case.

Per contra, it is submitted by counsel for State that the DNA test report has been received and DNA profile of applicant has been found in the incriminating articles of the prosecutrix.

Thus, in the light of the judgment passed by the Supreme Court in the case of Hemudan Nanbha Gadhvi Vs. State of Gujarat reported in (2019) 17 SCC 523, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.10.14 11:03:13 +05'30'