Madhya Pradesh High Court
Bhupat Singh vs State Of Madhya Pradesh on 17 May, 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 17th OF MAY, 2022
MISC. CRIMINAL CASE No. 4472 of 2022
Between:-
BHUPAT SINGH S/O SHRI SUNDAR SINGH ,
AGED ABOUT 27 YEARS, OCCUPATION:
AGRICULTURE R/O VILLAGE PARASWAR
POLICE STATION RAJENDRAGRAM DISTRICT -
ANUPPUR (M.P) (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANJEEV KUMAR SINGH, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
POLICE STATION AMARKANTAK DISTRICT
ANUPPUR (M.P) (MADHYA PRADESH)
2. VICTIM X S/O NOT MENTION OCCUPATION: NIL
NOT MENTION (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SANTOSH YADAV, DEPUTY GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
DNA report is taken on record.
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") on behalf of the applicant, who is in custody since 13.02.2021 in connection with Crime No. 29/2021 Signature Not Verified SAN registered at Police Station Amarkantak, District Anuppur for the offence Digitally signed by MOHD TABISH KHAN punishable under Sections 363, 366, 376, 376(2)(n), 376(d-a), 506, 323, Date: 2022.05.17 18:12:52 IST 2 354, 376(3), 34 of the Indian Penal Code, 1860 and Sections 3/4, 5/6, 7/8, 9/10, of POCSO Act, 2012.
Shri Santosh Yadav has produced DNA report dated 30.12.2021 issued by Dr. Kamlesh Kaitholia and Dr. B.S. Baghel, Scientific Officer, Regional Forensic Science Laboratory, Bhopal wherein it is mentioned that Y-Chromosome STR DNA Profile obtained from the Vaginal Slide of the prosecutrix (Exhibit-C), Penty (Exhibit-D), Salwar (Exhibit-F) matches with Y-Chromosome STR DNA Profile of the accused Yashwant Singh Patle as obtained from his blood sample (Exhibit-C).
This report further mentions that when aforesaid Exhibits obtained from the prosecutrix were matched with blood sample of Bhupat Singh Dhurve then on the aforesaid samples of the prosecutrix Y-Chromosome STR DNA Profile is not available.
In view of such facts, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant Bhupat Singh be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court for his appearance before the 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 Signature Not Verified 437(3) of the Cr. P. C. SAN Digitally signed by MOHD TABISH KHAN This order shall be effective till the end of the trial, however, in case Date: 2022.05.17 18:12:52 IST 3 of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In 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) V. JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2022.05.17 18:12:52 IST