Dharmendra Rathore vs The State Of Madhya Pradesh
2021 Latest Caselaw 1492 MP

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                     THE HIGH COURT OF MADHYA PRADESH
                          M.Cr.C. No.18232/2021
                        (Dharmendra Rathore vs. State of M.P.)

Gwalior, Dated : 22.04.2021

      Heard through videoconferencing.

      Shri Ravi Ballabh Tripathi, counsel for the applicant.

      Shri Neelesh Tomar, Govt. Advocate for the respondent/State.

The applicant has filed this second application u/S 439 Cr.P.C. for

grant of bail. The applicant has been arrested by Police Station Gwalior,

District Gwalior in connection with Crime No.785/2020 registered in

relation to the offence punishable under Sections 379, 511, 336, 427, 34

of IPC. First application was dismissed vide order dated 23.03.2021

passed in M.Cr.C. No.12463/2021 with liberty to repeat the same along

with the order sheets showing the criminal history of the applicant.

It is alleged that the applicant has been falsely implicated in the

case. He has not committed the offence in any manner. The co-accused

Appu @ Ashik Khan has already been enlarged on bail by the learned

trial court vide order dated 7.1.2021 in Bail Application No. 47/2021

vide Annexure A/7. But the applicant's application was rejected owing to

the fact that several cases are being registered against the present

applicant. It is argued that the prosecution has shown a criminal history

of 31 cases against the present applicant. It is submitted that in maximum

cases he has been acquitted and some cases are being closed down. The

order sheets of 18 cases are filed along with the application. As the

criminal history is from the year 2010, the old cases order sheets could

not be traced out. But he submits that as on date only five cases are

pending consideration against the present applicant. As the charge sheet

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18232/2021 (Dharmendra Rathore vs. State of M.P.)

has already been filed in the matter, there is no further requirement of

custodial interrogation of the present applicant. The applicant is ready to

abide by all the terms and conditions that may be imposed by this Court

while considering his application for grant of bail. He has further

shown his willingness to contribute an amount of Rs. 10,000/-

towards the benefit of needy during this COVID 19 pandemic. It is

further argued that as far as the proceedings of Rajya Suraksha

Adhiniyam taken up against the present applicant are concerned, the

proceedings are being quashed by this Court in W.P. No.4818/2013 vide

order dated 19.12.2013 against which the State has filed a writ appeal

No.71/2014. The same was also dismissed vide judgment dated

20.06.2014. It is submitted that some stringent conditions may be

imposed against the present applicant. But looking to the nature of

offence registered against the present applicant and the custody period

coupled with the present scenario of COVID Pandemic 19, he has prayed

for grant of bail.

Per contra, counsel for the State has opposed the application

stating that the applicant is a habitual offender and as many as 31 cases

are registered against the present applicant including the offence under

Section 307 of IPC. But he fairly submits that the charge sheet has been

filed in the matter.

Heard the learned counsel for the parties and perused the case

diary.

Considering the overall facts and circumstances of the case and the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18232/2021 (Dharmendra Rathore vs. State of M.P.)

nature of offence registered against the present applicant coupled with

the statement made by the counsel for the applicant that as on date only

five cases are pending consideration against the present applicant and

rest of the cases are being closed and looking to the present scenario of

COVID 19 pandemic, this Court deems it appropriate to allow this

application.

Accordingly, the application is allowed. The applicant is directed

to be released on bail on furnishing a personal bond in the sum of

Rs.50,000/-(Rs.Fifty Thousand Only) with one solvent surety of the

like amount to the satisfaction of the Investigation Officer /trial Court, as

the case may be with submission of written undertaking and he will abide

by all terms and conditions of the different circulars, orders as well as

guidelines issued by the Central Government, State Government as well

as Local Administration for maintaining social distancing, hygiene etc to

avoid Novel Corona Virus (COVID -19) pandemic and he will have to

install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the

following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the

bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case

may be;

3. The applicant will not indulge himself in extending inducement,

threat or promise to any person acquainted with the facts of the case so as

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18232/2021 (Dharmendra Rathore vs. State of M.P.)

to dissuade him from disclosing such facts to the Court or to the Police

Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of

which he is accused.

5. The applicant will not seek unnecessary adjournments during the

trial; and

6. The applicant will not leave India without previous permission of

the trial Court/Investigating Officer, as the case may be.

7. As the applicant has gracefully volunteered to donate in favour of

needy during this COVID 19 pandemic, he is directed to deposit an

amount of Rs.10,000/-(Rupees Ten Thousand) towards the PM

CARES Fund having Account Number : 2121PM20202, IFSC Code:

SBIN0000691, SWIFT Code : SBININBB104, Name of Bank &

Branch : State Bank of India, New Delhi Main Branch within a

period of seven working days and only on production of the receipt,

he be released.

8. The applicant will inform the concerned S.H.O. of concerned

Police Station about his residential address in the said area and it would

be the duty of the State counsel to send E-copy of this order to SHO of

concerned police station as well as Superintendent of Police concerned

who shall inform the concerned SHO regarding the same.

9. It is further directed that in case of involvement of applicant in any

other offence, the bail granted by this Court shall stand rejected

automatically.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18232/2021 (Dharmendra Rathore vs. State of M.P.)

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before

releasing the applicant, medical examination of applicant shall be

undertaken by the jail doctor and on prima facie, if it is found that he is

having the symptoms of COVID-19, then consequential follow up action

including the isolation/quarantine or any test if required, be ensured,

otherwise applicant shall be released immediately on bail and shall be

given a pass or permit for movement to reach his place of residence.

E- copy of this order be provided to the applicant and E-copy of

this order be sent to the trial Court concerned for compliance. It is made

clear that E-copy of this order shall be treated as certified copy for

practical purposes in respect of this order.

(VISHAL MISHRA) JUDGE van SMT VANDANA VERMA 2021.04.27 13:13:44

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