Ankit @ Netram vs The State Of Madhya Pradesh on 27 April, 2022

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Madhya Pradesh High Court

Ankit @ Netram vs The State Of Madhya Pradesh on 27 April, 2022

Bench: Vivek Agarwal

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                  BEFORE
                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                           ON THE 27th OF APRIL, 2022

                 MISC. CRIMINAL CASE No. 4949 of 2022

        Between:-
        ANKIT @ NETRAM S/O SHRI HARDAYAL , AGED
        ABOUT 23 YEARS, OCCUPATION: LABOUR, R/O
        GARAM KAKAD KHEDI BARKHEDA VIDISHA
        DEHAT DIST. VIDISHA (MADHYA PRADESH).

                                                                  .....PETITIONER
        (BY SHRI SANJAY PANDEY, ADVOCATE)

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION P.S. KHAJOORI SADAK BHOPAL
        (MADHYA PRADESH)

2.      VICTIM A

                                                                .....RESPONDENTS
        (BY SMT.SWATI ASEEM GEORGE, PANEL LAWYER)

      This first bail application has come up for hearing on 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 Ankit @ Netram S/o Shri Hardayal. Case Crime No.568/2020 is registered at Police Station-Khajoori Sadak, District-Bhopal (M.P.) for offence punishable under Sections 363, 366, 376, 376(2)(n) of IPC and Section 5L/6 of POCSO Act. The applicant is in custody since 11.12.2020.

As per the DNA report dated 13.04.2022 furnished by Dr. Kamlesh Kaithonia, Scientific officer and Assistant Chemical Examiner, Visual Forensic Science Laboratory, Bhopal. Y-Chromosome STR DNA profile was not detected. Either in the vaginal swab, vulvar swab, urethral swab, pubic hair and layscriping with the prosecutrix. No uninterpretable Y-Chromosome STR DNA profile was detected on vaginal slide, vulvar slide and kurta of the victim. Y-Chromosome STR DNA profile was received from the leggings exhibit-D of the prosecutrix on testing Y-Chromosome DNA profile available on the leggings of the prosecutrix 2 matches with the blood sample of the applicant Ankit @ Netram.

In view of such facts that DNA profile has matched then, it will not be proper to extend the benefit of bail to the applicant.

However, trial Court is directed to expedite the trial and complete it within a period of three months, since applicant is in custody with effect from 11.12.2020.

In above terms, applicant is dismissed.

(VIVEK AGARWAL) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2022.04.28 12:14:52 +05'30'

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