Madhya Pradesh High Court
Suraj Verma vs The State Of Madhya Pradesh on 14 December, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 MCRC-34140-2021
The High Court Of Madhya Pradesh
MCRC No. 34140 of 2021
(SURAJ VERMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 14-12-2021
Shri Himanshu Shrivastava, learned counsel for the applicant.
Shri Pushpendra Verma, learned Panel Lawyer for the
respondent/State.
This is the third bail application filed by applicant Suraj Verma under Section 439 of the Code of Criminal Procedure seeking grant of bail in the matter of registration of Crime No. 71/2019 registered at Police Station Amarwara, District Chhindwara under Sections 363, 366, 376(2)J, 376(3), 506, 34 of I.P.C. and 3 & 4 of P.O.C.S.O. Act. The applicant is in custody since 27/03/2019.
Learned counsel for the applicant submits that first bail application seeking bail was dismissed vide order dated 05/07/2019 (M.Cr.C. No. 16843/2019) on the ground that prima facie case is made out against the applicant. The second bail application was dismissed vide order dated 01/10/2020 passed in M.Cr.C. No. 25347/2020 on the ground that prosecutrix as well as Doctor who examined the prosecutrix have supported the story of the prosecution.
Learned counsel for the applicant submits that now D.N.A. report has been produced by the State and in the said D.N.A. report, it is clearly mentioned that Y chromosome STR DNA profile found on Ex-A i.e. vaginal slide of the victim, Ex-B which is underwear of the victim. A and B do not match with the Y chromosome STR DNA profile recovered from Ex.-E which is blood sample of the present accused. Reading this D.N.A. report dated 12/05/2021 issued by one Dr. A.B. Singh Scientific Officer and A.C.E. State forensic science laboratory, Home (Police) Department, Govt. of M.P. Sagar, it is submitted that when there is no Signature Not Verified SAN Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.16 11:19:45 IST 2 MCRC-34140-2021 matching of D.N.A. profile whereas according to Dr. Archana Kaithwas PW-2, she had not seen external injury marks on the body of victim and she had sealed the underwear worn by the victim and handed over to the concerned constable in a sealed condition and had also obtained two vaginal slides.
Learned Panel Lawyer in his turn submits that Dr. Kaithwas has admitted that the samples which were collected for D.N.A. examination were collected after six months of the incident.
Placing reliance on this cross-examination, it is submitted that much importance cannot be attached to the D.N.A. report and it is a fit case to reject the application for grant of bail.
After hearing learned counsel for the parties and on going through the record, it is evident that Dr. Kaithwas has mentioned in her examination-in-chief that on 27/01/2019, she had collected samples for preparation of vaginal slide and also sealed inner garment of the victim. She has further mentioned that on 04/06/2019, the blood sample of the victim for the purpose of D.N.A. identification was obtained in front of PW-2 and accused Suraj. On the same day, the blood sample of accused was obtained for D.N.A. verification. Thus, it is evident that prima facie since vaginal slide was prepared immediately after incident and the D.N.A. report is negative qua the present applicant.
Taking into consideration the facts and circumstances of the case and without commenting on the merits of the matter, the application is allowed.
It is directed that applicant Suraj Verma be released on bail upon his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such Signature Not Verified SAN dates as may be fixed in this behalf by the trial Court during the pendency Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.16 11:19:45 IST 3 MCRC-34140-2021 of trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
This order shall remain effective till the end of the trial but in case o f bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE vy Signature Not Verified SAN Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.16 11:19:45 IST