Siddharth Singh Rathore vs The State Of Madhya Pradesh
2024 Latest Caselaw 14818 MP

Madhya Pradesh High Court

Siddharth Singh Rathore vs The State Of Madhya Pradesh on 17 May, 2024

Author: Anil Verma

Bench: Anil Verma

                                                             1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                   ON THE 17 th OF MAY, 2024
                                           MISC. CRIMINAL CASE No. 18983 of 2024

                           BETWEEN:-
                           SIDDHARTH SINGH RATHORE S/O SHRI SUNIL SINGH
                           RATHORE, AGED ABOUT 30 YEARS, OCCUPATION:
                           PRIVATE JOB R/O 155, SHAKTI NAGAR, INDORE
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI AVINASH SIRPURKAR, LEARNED SENIOR COUNSEL WITH SHRI
                           YOGESH GUPTA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION AERODROME, DIST. INDORE (MADHYA
                           PRADESH)

                                                                                     .....NON APPLICANT
                           (BY SHRI DEVDEEP SINGH - PANEL LAWYER)

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

1. Heard on IA No.7838/2024, which is an application for taking documents on record.

2. Documents may be relevant for proper adjudication of this bail application, therefore, IA is allowed and the documents are taken on record.

3. This is the 4th application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.251/2022 registered at Police Station Aerodrome, Indore (M.P.) for the offence under Section 302, 411, 394, 201 of IPC.

4. As per the prosecution story, present applicant along with other co- accused persons, due to the previous enmity regarding some money dispute, called the deceased Ajay Sharma and throttled his neck by using Gamchha and snatched golden chain and mobile phone. Accordingly offence has been registered against the present applicant and other co-accused persons.

5. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 12.4.2022 and has already suffered jail incarceration for more than 2 years. His earlier bail application has been dismissed as withdrawn. Prosecution has examined 11 witnesses and witnesses of seizure and arrest have been turned

hostile. Co-accused Rakesh has been enlarged on bail vide order dated 29.4.2024 passed by the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No.1895/2024. The case of the present applicant is also identical with him. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

6. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

7. Perused the case diary as well as the impugned order of the court below.

8. Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that the Gamchha used in the incident has been recovered from the possession of present applicant. Investigating officer is not examined yet. The case of co-accused Rakesh is distinguishable from the case of the present applicant. At this stage marshalling of the statement of witnesses is not

permissible as per the judgment of Hon'ble Apex Court in the case of Satish Jaggi Vs. State of Chhattisgarh and Ors. (Cr.A. No.651/2007) decided on 30.7.2007.

9. In view of the evidence available on record, this Court is not inclined to grant bail to the applicant. hence, this 4th bail application is dismissed.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok