MUKESH BANJARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is sixth bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 3548/2022 on 3/2/2022. His second bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 18437/2022 on 12/4/2022. His third bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 33684/2022 on 11/7/2022. His fourth bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 49040/2022 on 17/10/2022. His fifth bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 56721/2022 on 5/12/2022. Applicant has been arrested on 11/10/2021 by Police Station- Bilauva District Gwalior (MP), in connection with Crime No.242/2021 for the offence punishable under Ss. 376, 450 of IPC.

(2.) In brief case of the prosecution is that on 17/2/2021 at 11 am, prosecutrix, a married lady aged about 22 years alongwith her Jethani and father-in-law (Chachiya Sasur) lodged a report at Police Station Bilauva District Gwalior against present applicant Mukesh Banjara that in the intervening night of 16-17/10/2021 at 12 :30 am when her father-in-law was sleeping outside and her husband had gone for labour work, she was sleeping with her three months old child in the courtyard. Present applicant by jumping the courtyard wall came there and forcibly committed sexual intercourse with her by shutting her mouth. When she cried, her father-in-law, sister-in-law and mother-in-law (Chachiya Saas) came there. Thereafter applicant fled away. On her report, aforesaid offence was registered. Prosecutrix was sent for medical examination. Applicant-accused was arrested. Statements of witnesses were recorded.

(3.) New ground raised in present bail application is that DNA report submitted by the forensic laboratory has disclosed negative findings as regards the applicant.