Madhya Pradesh High Court

MCRC/47357/2023 of VISHAL MALVIY Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)

MISCELLANEOUS CRIMINAL CASE No. 47357 of 2023

BETWEEN:-

VISHAL MALVIY S/O RANDHEER SINGH, AGE 20YEARS, R/O WARD NO 12 FCI GADAM KE PICHE,DISTRICT VIDISHA (MADHYA PRADESH)

(SHRI R.S.YADAV - ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESHTHROUGH POLICE STATION DEHAT BASODADISTRICT VIDISHA (MADHYA PRADESH)THROUGH POLICE STATION DEHAT BASODADISTRICT VIDISHA (MADHYA PRADESH)

2.ABHIYOKTRI THROUGH POLICE STATIONDEHAT BASODA DISTRICT VIDISHA(MADHYA PRADESH)

(SHRI V.P.S. TOMAR - PANEL LAWYER FOR STATE)

.....RESPONDENTS

This application coming on for admission this day, th e court passed the following:

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ORDER

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

3. The applicant has been arrested on 01.08.2023 in connection with Crime No.298/2023 registered at Police Station Dehat Basoda, DistrictVidisha for offence under Sections 456, 457, 376, 376(2)(n), 376(3), 506of IPC and Sections 3/4, 5/6 of POCSO Act and Section 3(2)(v), 3(1)(w)(i), 3(2)(va) of SC/ST Act.

4. It is submitted by the counsel for the applicant that according tothe prosecution case, the applicant by taking advantage of absence ofparents of the prosecutrix had committed rape on her. The DNA reporthas been received, according to which the prosecutrix is the biologicalmother of the baby girl but the applicant is not the biological father of thebaby girl, which falsify the allegation of rape. It is further submitted that itis not the case of prosecutrix that she was raped by multiple accusedpersons and she had leveled allegation only against the applicant. In viewof DNA test report, it appears that she has not narrated the truth. Theapplicant is in jail from 01.08.2023 i.e. approximately five months. TheTrial is likely to take sufficiently long time and there is no possibility of hisabsconding or tampering with the prosecution case.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that due explanation has been given for delayin lodging FIR. However, it is fairly conceded that there is no allegation ofrape by multiple accused persons in the FIR and it is also clear from theDNA test report that the applicant is not the biological father of the child.

6. Considering the DNA test report as well as period of detentionand without commenting on the merits of the case, the application isallowed. It is directed that the applicant be released on bail on furnishing apersonal 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/CommittalCourt to appear before the Court on the dates given by the concernedCourt.

7. This order shall remain effective till the end of trial but in case ofbail jump, it shall become ineffective.

8. 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 on18.03.2021 in Criminal Appeal No. 329/2021, the intimation regardinggrant of bail be sent to the complainant.

9. Certified copy as per rules.

(G.S. AHLUWALIA)V. JUDGEAman

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