Manoj Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 12100 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 12th OF SEPTEMBER, 2022

       MISCELLANEOUS CRIMINAL CASE No. 33987 of 2022

        BETWEEN:-
        MANOJ KUSHWAH S/O SHRI BALKISHAN
        KUSHWAH, AGE -40 YEARS, OCCUPATION MALI,
        R/O GRAM BHADROLI DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI KOMAL CHAND- ADVOCATE)

        AND
        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION PADAV DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SHRI C.P.SINGH- PANEL LAWYER)

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

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed on merits by order dated 18/02/2022 passed in MCRC No. 8721/2022.

The applicant has been arrested on 29/09/2021 in connection with Crime No.409/2021 registered at Police Station Padav, District Gwalior for offence under Sections 376-D, 328 and 506 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.

Per contra, the application is vehemently opposed by the counsel for the State. However, by referring to the DNA test report, it is submitted that uninterpretable very low Y DNA profile was recovered from the undergarments, slide and swab of the prosecutrix. Accordingly, the Scientific officer has opined that it is not possible to match with the DNA profile with the applicant.

In view of the DNA report 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 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 Pj'S/-

PRINCEE BARAIYA 2022.09.12 19:38:09 -07'00'