AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
11 paragraphs · 350 wordsG.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 17.6.2020 in connection with Crime No.144/2020 registered by Police Station Ron, District Bhind for offence punishable under Sections 376(2)(Cha), 506, 323 of IPC and under Section 5/6 of POCSO Act.
It is submitted by Shri Devendra Chaubey that the DNA report has been received which is against the prosecution.
It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has not supported the prosecution case, although the allegations against the applicant are that he had raped his own real sister. It is further submitted that in view of the statement made by Shri Chaubey that no conclusive DNA test report has been received, at present there is no substantive evidence against the applicant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the respondent/State. However, it is submitted that as per the DNA test report which has been received by him today itself, the same is against the prosecution.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18.3.2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.