Rahul Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 6120 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.18432/2022 (RAHUL RATHORE VS. STATE OF M.P.)

Gwalior, Dated : 25/04/2022

Shri H.K.Shukla, learned counsel for the applicant.

Smt. Anjali Gyanani, learned counsel for the State.

Case diary is available.

This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the applicant

was allowed by order dated 06/11/2020 passed in MCRC

No.43543/2020.

The applicant has been arrested on 29/01/2022 in connection

with Crime No.241/2020 registered at Police Station Ganjbasoda,

District Vidisha for offence under Section 8/20 of NDPS Act.

It is submitted by the counsel for the applicant that it is a case

of bail jump. The applicant could not appear before the Trial Court

on 18/01/2022 and he was arrested on 29/01/2022. It is submitted

that he undertakes to remain more vigilant in the future. In order to

show his bonafide, he is ready and willing to abide by any stringent

condition including depositing the amount of bail bond executed by

him on earlier occasion. The Trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

the prosecution case.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.18432/2022 (RAHUL RATHORE VS. STATE OF M.P.)

counsel for the State. It is submitted that once the appellant was

released on bail, then by executing personal bond, he had given an

undertaking before the Trial Court that he would appear regularly

without any default and in the present case except by saying that he

had mild symptoms of Covid-19, no medical document has been

placed on record to show that he had undergone any medical

treatment.

Considering the fact that the applicant is ready and willing to

abide by any stringent condition including that of depositing the

amount of bail bonds executed by him on earlier occasion, the

application is allowed. On depositing the amount of bail bond

executed by the appellant on earlier occasion and on furnishing

fresh a personal bond in the sum of Rs.4,00,000/- (Rupees Four

Lacs) with one surety in the like amount to the satisfaction of the

Trial Court/Committal Court, he shall be released on bail to appear

before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in

case of bail jump, it shall become ineffective.

It is made clear that the deposit of amount of bail bond

executed by the appellant on earlier occasion shall be condition

precedent for release of the appellant.

THE HIGH COURT OF MADHYA PRADESH MCRC No.18432/2022 (RAHUL RATHORE VS. STATE OF M.P.)

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.04.25
         17:16:50 -07'00'