BABLESH PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed on behalf of applicant/Bablesh Patel under Sec. 439 of CrPC in connection with Crime No.28/2021 under Ss. 376, 376(2)(N), 506 of IPC and sec. 3,4,5J(ii), 5L POCSO Act and sec. 3(1)(w)(II), 3(1)(w)(II), 3(II)(V) of SC/ST Act registered at police station Mahila Thana, District Sagar and applicant is in custody since 03/11/2021. Earlier bail application (M.Cr.C No. 58753/2021) was dismissed as withdrawn with liberty to file application after prosecutrix is examined and FSL/DNA report is brought on record vide order dtd. 01/02/2022.

(2.) Shri Vivek Lakhera, learned G.A submits that though sample was sent on 15/12/2021 for DNA sampling but same is not available.

(3.) Learned counsel for the applicant submits that prosecutrix was examined before the trial court on 23/03/2022. She has turned hostile. She has not supported the prosecution story. So also maternal grand mother and maternal uncle have turned hostile. They have not supported the prosecution story. There is no chance of prosecutrix being influenced and material prosecution witnesses have already been examined. Applicant is in custody since 03/11/2021. Trial will take time to conclude. Therefore, applicant be enlarged on bail.