Sunil Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 13863 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 27th OF OCTOBER, 2022

                                  MISCELLANEOUS CRIMINAL CASE No. 44880 of 2022

                                   BETWEEN:-
                                   SUNIL ADIWASI S/O LATE SHRI C. ADIWASI,
                                   AGED 19 YEARS, OCCUPATION ADIWASI, R/O
                                   VILLAGE DORAR, THANA MOANA, DISTRICT
                                   GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                                   (BY SHRI ARSHAD ALI- ADVOCATE)

                                   AND
                                   STATE OF MADHYA PRADESH              THROUGH
                                   POLICE  STATION MOHANA,               DISTRICT
                                   GWALIOR

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

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

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First application was dismissed by order dated 12/04/2022 passed in MCRC No.17958/2022.

The applicant has been arrested on 19/03/2022 in connection with Crime No.40/2022 registered at Police Station Mohna, District Gwalior for offence under Section 376 of IPC.

It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has not supported the prosecution case. Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 27-10-2022 03:50:40 PM

However, the counsel for the State on the basis of DNA report submitted that the DNA profile of the applicant was found in the incriminating articles of the prosecutrix. Accordingly, in the light of the judgment passed by the Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State of Gujarat, on 28.09.2018 in 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) JUDGE Pj'S/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 27-10-2022 03:50:40 PM