Madhya Pradesh High Court
Rahul Mehra vs State Of Madhya Pradesh on 7 April, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 7th OF APRIL, 2022
MISC. CRIMINAL CASE No. 397 of 2022
Between:-
RAHUL MEHRA S/O RAMSWAROOP MEHRA ,
AGED ABOUT 26 YEARS, OCCUPATION: LABOUR
HOUSE NO. 72 EKTA COLONY SIKENDARI SARE
BHOPAL (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SATENDRA DIXIT, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH P.S.
GOVT. RAILWAY POLICE BHOPAL (MADHYA
PRADESH)
2. VICTIM A D/O NOT KNOWN NOT MENTION
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail to the applicant Rahul Mehra S/o Shri Ramswaroop Mehra, aged about 26 years. Case Crime No.400/2021 is registered at Police Station G.R.P., District Bhopal (M.P.) for offence punishable under Sections 363 and 376 of IPC and Sections 5 and 6 of Protection of Children from Sexual Offences Act, 2012. The applicant is in custody since 23/09/2021.
Learned counsel for the applicant submits that prosecutrix was examined in the Court of law on 16.03.2022, she has not supported the prosecution case. She has not narrated any fact so to constitute offence under Section 376 of IPC. She has categorically deposed that present applicant is her foofa and she had gone with her foofa for a ride. It is submitted that there are no ingredients of Section 363 IPC Signature SAN Verified Not is made out. Applicant is innocent, she has categorically denied any act on the part Digitally signed by APARNA TIWARI of the present applicant violating her privacy. On these grounds, prayer is made to Date: 2022.04.08 09:37:36 IST 2 enlarge the applicant on bail.
Learned Panel Lawyer vehemently opposes the application and has produced DNA report dated 05.04.2022 issued by Scientific Officer and Assistant Chemical Examiner Regional Forensic Science Laboratory, Bhopal wherein it is mentioned that uninterpretable no Y-Chromosome STR DNA profile is recovered from the vaginal slide Exhibit B and panty Exhibit D, therefore, it is not possible to match the same with the blood sample Exhibit G of the present applicant Rahul Mehra.
In view of said facts and also taking into consideration testimony of the prosecutrix, without commenting anything on the merits, this application is allowed.
I t is directed that applicant- Rahul Mehra be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. The applicant shall abide by the conditions as enumerated under Section 437(3) of 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/Omicron virus before and after releasing the applicant.
Copy of DNA report and statement of prosecutrix is taken on record. Certified copy as per rules.
(VIVEK AGARWAL) JUDGE AT