Arvind vs State Of M.P

Shailendra Shukla, J

Submissions were made on second application filed under Section 439 of Cr.P.C. for grant of bail to applicant Arvind S/o Dungariya Bhilala in respect

of Crime No.91/2019 registered at Police Station â€" Sondava, District Alirajpur for allegedly committing the offence punishable under Section 376(2)

(n), 363, 366 of IPC and under Section 7/8, 5L/6 of POCSO Act. The applicant is in custody since 1.6.2020.

The first bail application was dismissed as withdrawn vide order dated 4.12.2020 passed in M.Cr.C. No.44019/2020 and the liberty had been given to

the renew the prayer after recording of court statement of the prosecutrix.

Learned counsel for the applicant has drawn Court’s attention to deposition of prosecutrix, who has turned hostile and denies the prosecution case

that she was subjected to sexual assault by the applicant.

Learned counsel for the State was heard, who has opposed the bail application. He submits that from the case diary it appears that the prosecutrix had

been rendered pregnant. He further submits that blood sample has been collected for DNA testing but he fairly admits that the DNA report is not

available.

Considered.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant and the statement of the

prosecutrix who has turned hostile, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicantâ€

Arvind S/o Dungariya Bhilala shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with

one solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial

Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant

shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. However, liberty shall be with prosecution to file an application for

cancellation in case if adverse DNA report is available.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.34639/2021 is allowed and stands disposed of.

C.C. as per rules.