SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard the counsel for the parties and perused the case-diary.

(2.) This is the first bail application filed by applicant under Sec. 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.227/2022 registered at Police Station - Lalghati, District - Shajapur (MP) for offence punishable under Ss. 363, 366,376(3),376(2)(N) of IPC. The applicant is in custody since 27/12/2022.

(3.) The allegation against the applicant is of abduction and rape. Counsel for the applicant has submitted that the applicant has been falsely implicated in the case which can be demonstrated by the fact that the prosecutrix also gave birth to a child and the DNA report, which is also filed on record, is negative and the DNA profile of the applicant does not matches with the DNA profile of the child and it is also concluded that the applicant is not the father of the child. It is also further submitted that the prosecutrix has already been examined in the trial court and there are material omissions and contradictions in her statement and considering the fact that the applicant is in jail since 27/12/2022 and the final conclusion of the trial is likely to take a long time, the applicant be released on bail. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that merely if the DNA report is negative it would not be entitled the applicant to claim the bail. Heard the counsel for the parties and also perused the record. From the record, this Court finds force with the submissions as advanced by the counsel for the applicant and is of the opinion that under such facts and circumstances of the case, further custody of the applicant is not necessary. Accordingly, without commenting anything on the merits of the case, the present application for grant of bail is allowed.