Rahul Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 9855 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 18th OF JULY, 2022

                 MISC. CRIMINAL CASE No. 33677 of 2022

         Between:-
         RAHUL RATHORE S/O UPENDRA SINGH
         RATHOR, AGED 30 YEARS, R/O B EES SUTRIYE
         NAGAR AMRA PAHADIYA JANAKTAAL ROAD
         BAHODAPUR, GWALIOR (MADHYA PRADESH)

                                                              .....APPLICANT
         (BY SHRI R.K.JOSHI-ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION BAHODAPUR, DISTRICT
         GWALIOR (MADHYA PRADESH)

                                                           .....RESPONDENT
         (BY SHRI NAVAL KSIHOR GUPTA-PUBLIC PROSECUTOR)

       This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 18.05.2021 in connection with Crime No.362/2021 registered at Police Station Bahodapur Distt. Gwalior for offence under Sections 392, 341, 354, 354-A, 354-D, 384, 506 (2) of IPC and Section 9/10, 11/12 of POCSO Act and Section 67-B of I.T. Act and Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to the

prosecution case, on 15.06.2020 the prosecutrix as well as her friend were compelled to disrobe themselves and a video was also prepared. Apart from touching and kissing the prosecutrix, it is further submitted that applicant and co-accused had also threatened them to pay money. It is further submitted that an amount of Rs.1,000/- was also transferred in the account of applicant. The co-accused-Salim Khan who was also in jail from 18.05.2021 has been granted bail by order dated 18.11.2021 passed in M.Cr.C. No.54222/2021 and case of applicant is more or less similar to that of co-accused Salim Khan. The applicant is in jail from 18.05.2021 and he was not released on parole in the wake of second wave of COVID-19 pandemic. 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 counsel for the State. It is submitted that applicant has a criminal history and one more offence under Section 457, 380 of IPC has been registered against him.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs. 1,00,000/- (Rupees One Lac Only) or in the alternative on depositing his original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial Court/Committal Court 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 single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court. In case, the title deeds have been deposited, then the same shall not be returned unless and until the surety amount is deposited.

Before releasing the applicant on bail, the Court below shall verify as to whether the applicant was ever released on temporary parole in the wake of Covid-19 pandemic or not. If it is found that the applicant was released on temporary parole, then this order shall automatically come to an end and the Court below shall not be obliged to release the applicant on bail as the applicant is being released purely on the ground of period of detention.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.19 10:53:55 +05'30'