MANOJ SEHARIA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 29/9/2019 by Police Station Maksudangarh, District Guna in connection with Crime No. 233/2019 registered for offence for the offences punishable under Sections 376, 450, 506 of IPC and Section 3 /4 of POCSO Act.

(2.) This is second attempt on behalf of applicant to seek bail. On earlier occasion vide order dated 13/12/2019 when M.Cr.C.No. 51988/2019 was dismissed then a direction was given by this Court to the State to make all efforts to requisition DNA report at the earliest. Today again, according to learned counsel for the State, DNA report has not been received yet. FIR was registered on 28/9/2019 and immediately thereafter, DNA samples must have been taken, therefore, by now DNA report ought to have been supplied by the Forensic Science Laboratory to the concerned Police Station, but even after lapse of almost 10 months, no such progress has been referred by the Police Authorities. In absence of DNA report it would be difficult for this Court to take decision over the bail application because prosecutrix is aged 13 years and she conceived out of rape allegedly committed by the applicant. Therefore, for the protection of valuable rights of victim also to get justice, it is imperative that DNA report must be made available at the earliest.

(3.) This Court is aware that only one Laboratory at Sagar conducts DNA profiling, therefore, being compelled by such scarcity of resources, this Court expected in M.Cr.C.No. 45393/2019, vide order dated 22/1/2019 (Bharat Vs. State of Madhya Pradesh) from the Executives of State (Political as well as Administrative Executives) to establish Forensic Science University, if possible for future challenges. Relevant extract of said order is reproduced hereinbelow:-