Mohammad Mohsin Ansari vs The State Of Madhya Pradesh on 4 July, 2022

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Madhya Pradesh High Court

Mohammad Mohsin Ansari vs The State Of Madhya Pradesh on 4 July, 2022

Bench: Vivek Agarwal

                                                                         1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                                  ON THE 4th OF JULY, 2022

                                                      MISC. CRIMINAL CASE No. 23806 of 2022

                                               Between:-
                                               MOHAMMAD MOHSIN ANSARI S/O ALTAF
                                               HUSSAIN @ SARDAR, AGED ABOUT 20 YEARS,
                                               R/O NEAR SLATER HOUSE MOMINPURA
                                               TAHSIL AND DISTRICT BURHANPUR (M.P.)

                                                                                                     .....PETITIONER
                                               (BY SHRI MITHLESH PRASAD TRIPATHI - ADVOCATE)

                                               AND

                                       1.      THE STATE OF MADHYA PRADESH THROUGH
                                               POLICE STATION MAHILA THANA DISTRICT
                                               BURHANPUR (M.P.)

                                       2.      VICTIM A D/O NOT MENTION NOT MENTION
                                               (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                               (SHRI JITENDRA SHRIVASTVA - PANEL LAWYER FOR THE
                                               RESPONDENT NO.1)

                                             This second bail application coming on for admission this day, the
                                       court passed the following:
                                                                          ORDER

This is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant, who is in custody since 09.11.2021 in connection with Crime No.25 of 2021 registered at Police Station Mahila Thana, District Burhanpur for the offence punishable under Sections 376, 376(2)(n) of IPC and 3/4, 5(i), 5(j), 5(1)(2)/6 of POCSO Act.

Signature Not Verified SAN

First bail application (M.Cr.C. No.1113 of 2022) filed on behalf of the Digitally signed by PUSHPENDRA PATEL Date: 2022.07.04 18:15:59 IST applicant was dismissed as withdrawn vide order dated 01.02.2022 with liberty 2 to renew the prayer once prosecutrix is examined before the Court of law.

It is further submitted by the learned counsel for the applicant that the prosecutrix was examined on 29.04.2022 and she has not supported the case of the prosecution under Section 376 of IPC. It is submitted that even the DNA is on record and it shows that (Y) Chromosomal STR DNA profile available on Ex.A, Salwar of the prosecutrix, does not match with (Y) Chromosomal STR DNA profile obtained from the blood sample of the present applicant Mohsin i.e. Ex.B. Similarly it is mentioned that uninterpretable STR DNA profile was obtained from vaginal swab (Ex.-B) of the prosecutrix. It is further submitted that applicant is in custody since 09.11.2021. Investigation is complete, charge sheet is filed. No further custodial interrogation of the applicant is required. There is no criminal antecedents against the present applicant. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.

Learned Panel lawyer for the State opposes the prayer made by learned counsel for the applicant.

In view of such DNA report dated 21.06.2022 and looking to the fact that DNA report is uninterpretable or negative from the salwar of the prosecutrix and prosecutrix and her mother have been examined before the trial Court and they have not supported the case of the prosecution and trial will take time for its conclusion, this Court is of the opinion that this is a fit case for grant of benefit of bail to the applicant, hence, without commenting anything on merits of the case, this bail application is allowed.

Signature Not Verified

It is directed that applicant-Mohammad Mohsin Ansari be released on SAN Digitally signed by PUSHPENDRA PATEL bail on his furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Date: 2022.07.04 18:15:59 IST Thousand Only) with two solvent sureties in the like amount to the satisfaction 3 of the learned Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

I n view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE pp Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2022.07.04 18:15:59 IST

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