Kallu @ Amit Sahu vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 08/06/2021 in connection with Crime No.63/2021 registered at Police Station Goraghat, District Datia for offence under Sections 376-D, 450 and 506 of IPC.

It is submitted by the counsel for the applicant that the prosecutrix has turned hostile and in the DNA test report, the DNA profile of the applicant has not been found in any of the incriminating articles. This Court by order dated 21/04/2022 passed in MCRC No.19633/2022, order dated 19/04/2022 passed in MCRC No.18838/2022 and order dated 11/04/2022 passed in MCRC No.14048/2022 has already been granted bail to co-accused Kishan Baghel, Neeraj Kevat and Mukul respectively. The Trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is fairly conceded that the DNA test report is negative and the prosecutrix has turned hostile. It is submitted that it appears that either the prosecutrix had lodged a false report or she has not narrated the truth before the Court, therefore, she is liable to be prosecuted.

So far as the prosecution of the prosecutrix is concerned, it is for the Trial Court to address on this issue. Accordingly, it is directed that while passing the final judgment, the Trial Court shall decide as to whether the prosecution of the prosecutrix is warranted or not.

Considering the period of detention 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) 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 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 and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

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