Madhya Pradesh High Court
Bhagirath Rathore vs The State Of Madhya Pradesh on 1 August, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 1st OF AUGUST, 2024
MISC. CRIMINAL CASE No. 27934 of 2024
BHAGIRATH RATHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vikas Saxena, learned counsel for the applicant.
Shri Rajendra Singh Yadav - Public Prosecutor for
respondent/State.
Shri Daya Ram Sharma, learned counsel for the Respondent
[COMP].
ORDER
This first application has been filed by applicant under Section
439 of Code of Criminal Procedure, 1973 for grant of bail in
connection with Crime No.127 of 2024 registered at Police Station
Janakganj, District Gwalior for offence punishable under Sections
302, 201 of IPC. Applicant is in judicial custody since 03.04.2024
(as per arrest memo).
As per the case of prosecution, Gauri Rathore went missing on
7.2.2024. Police Station Janakganj, Gwalior registered missing
person's report No.17/2024. One dead body was recovered on
15.02.2024 by informant Sukha Adivasi near Pati Ghati Satanvada,
District Shivpuri. Deceased was identified as Gauri Rathore by his
father Jairam Rathore. Dead body of Gauri Rathore was forwarded
for postmortem examination. Medical Officer opined that Gauri has
died due to asphyxia caused by compressive force applied over neck
by hands of individual and Gauri had died within a week time plus
minus 02 days from the postmortem examination. During inquest
proceedings, Naresh Prajapati informed that he has gone to see a plot
with Gauri Rathore. He had left Gauri Rathore with Bhagirath
Rathore who happens to be paternal uncle of Gauri Rathore.
Applicant was taken into custody. On information given by him in
police custody, other co-accused Lakhan and Rakesh were also
arrested. A T-shirt was recovered at the instance of Lakhan Rathore.
Witness Vinod in his statements recorded under Sections 161 and
164 of Cr.P.C. stated that he had seen applicant and his sons dragging
Gauri towards hut of Baghirath. Statements of other witnesses were
also recorded. Call details with regard to mobile phone used by
deceased and the applicant were also requisitioned and seized.
Applicant is in custody since 3.4.2024. On completion of
investigation, final report was submitted. Trial is underway.
Learned Counsel for applicant in addition to the grounds
mentioned in the application, contends that case is based on
circumstantial evidence. The circumstance relating to last seen is
based on statement of chance witness Naresh Prajapati and Vinod.
Statement of Vinod was recorded on 21.06.2024 almost four
months after Gauri went missing. Learned counsel submits that no
incriminating article has been recovered at the instance of the
applicant. There is no evidence to connect the applicant with the
alleged offence. Learned counsel further submits that applicant is
aged around 80 years. He is old sick and infirm. There is no
likelihood of abconsion leaving his family, home and property. No
further custodial interrogation is needed against the applicant.
There is no likelihood of tampering with the evidence by the
applicant. No criminal antecedent is reported against the applicant.
The trial would take time to conclude. Therefore, applicant may be
extended the benefit of bail.
Per contra, learned counsel for the State ably assisted by
learned counsel for the objector opposes the bail application on the
ground of gravity of alleged offence. Learned counsel contends
that the trustworthiness of prosecution evidence will be tested at
trial. Involvement of applicant in alleged offence is made out by
the evidence collected during investigation. Other accused are
absconding, therefore, applicant may not be extended benefit of
bail. Learned counsel for the State cites criminal history of three
cases against the applicant.
In reply, learned counsel for applicant submits that applicant
was implicated in Crime No.755/2006 for offence punishable
under Section 302 read with Section 149 of IPC for the reason that
his licenced gun was used for the offence but after trial applicant
stands acquitted vide judgment dated 2.8.2008 in S.T. No.114 of
2007 passed by learned Fourth Additional Sessions Judge,
Gwalior. Other two matters are pending for trial. Applicant has
never been convicted.
Heard learned counsel for the parties and perused the case
diary.
Considering the rival contentions, but without commenting
on merits of the case, having regard to the advance age of the
applicant, this Court is inclined to release the applicant on bail.
Thus, the application is allowed.
Accordingly, it is directed that applicant Bhagirath
Rathore shall be released on bail in relation to Crime No.127 of
2024 registered at Police Station Janakganj, District Gwalior for
offence punishable under Sections 302, 201 of IPC, upon
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac Only) with one solvent surety of the same amount to the
satisfaction of the Trial Court, for compliance with the following
conditions,: (For convenience of understanding by accused and
surety, the conditions of bail are also reproduced in Hindi as
under):-
(1) Applicant shall remain present on every date of hearing as
may be directed by the concerned court;
(1) आवदक सबध त नय लय क ध दश स र स व ई क पतक धतध पर
उपस त रहग ।
(2) Applicant shall not commit or get involved in any offence
of similar nature;
(2) आवदक सम पक#धत क केई अपर ह करग य उसम& सस'धलत ह
ह(ग ।
(3) Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade them/him/her from disclosing such
facts to the Court or to the police officer;
(3) आवदक पकरण क तथ( स पररध,त धकस वस. क( पतक य अपतक रप
स पल(भ , मक य व, ह दग , ध2सस ऐस वस. ऐस तथ( क( नय लय य पधलस
अध कर क( पकट कर स ध व ररत ह( ।
(4) Applicant shall not directly or indirectly attempt to tamper
with the evidence or allure, pressurize or threaten the witness;
(4) आवदक पतक य अपतक रप स स क5 य क स छडछ ड कर क य स क
य स धकय( क( बहल -फसल , दब व ड ल य मक क पय स ह करग ।
(5) During trial, the applicant shall ensure due compliance of
provisions of Section 309 of Cr.P.C./346 of Bharatiya Nagarik
Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) धव, रण क द9र , उपस त गव ह( स पर कण क सब म& आवदक र ३०९
द. प.स. क प व ( क उध,त अ प ल सध ध=त करग ।
This order shall be effective till the end of trial. However, in
case of breach of any of the precondition of bail, the Trial Court may
consider on merit cancellation of bail without any impediment of this
order.
The trial Court shall get these conditions reproduced on
the personal bond by the accused and on surety bond by the
surety concerned. If any of them is unable to write, the scribe
shall certify that he had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
van
VANDANA VERMA
2024.08.01 18:28:54 +05'30'
