Madhya Pradesh High Court
Rahul Rathore vs The State Of Madhya Pradesh on 8 June, 2020
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8623/2020
(Rahul Rathore Vs. State of M.P. and another)
Gwalior, Dated:08.06.2020
Shri Gaurav Mishra, learned counsel for the applicant.
Shri Vijay Sundarma, learned PL for the respondent/State.
Shri Ashish Saraswat, learned counsel for the complainant. Matter is heard through Video Conferencing.
The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 03.02.2020 by Police Station Kotwali, District Morena, in connection with Crime No.101/2020, registered for offence under Sections 452 and 354 of IPC and Section 7/8 of POSCO Act.
It is the submission of learned counsel for the applicant that applicant is in confinement since 03.02.2020 on false pretext. He is 20 years of age and as per allegations he tried to outrage the modesty of a female but allegations are false at the instance of family members of prosecutrix because applicant and victim were in emotional relationship. Charge-sheet has already been filed. Therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that he learnt the lesson hard way and would mend his ways and would become a better citizen. He 2 would not move in the vicinity of complainant party in any manner. Applicant who is young/middle aged/able bodied responsible citizen undertakes to become corona worrier for social cause looking to the COVID-19 Pandemic situation. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He further undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. On these grounds, prayer for bail has been made.
Panel Lawyer for the State opposed the prayer. Learned counsel for the complainant also opposed the prayer but he fairly submitted that applicant tried to persuade the victim to marry and therefore, in case benefit of bail is given to the applicant, then some conditions may be imposed over him and that his family members and his friends will not threat, intimidate and engage to the complainant party in any sort of relationship.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts of the case in detail, however, considering the fact that in view of COVID-19 pandemic, without commenting on the merits of the case, it is hereby directed that 3 the applicant shall be released on bail on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, 4 and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.
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 to dissuade him/her 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. The applicant will mark his appearance before the concerned Police Station on first Monday of every fortnight between 10 am to 2 pm till statement of witnesses is recorded.
8. The applicant will inform the SHO of concerned police station about his residential address in the said area and it 5 would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
9. Applicant shall deposit Rs.2500/- within a month in 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 from the date of passing of this order.
10.The applicant through his counsel undertakes that applicant shall register himself with the District Magistrate concerned [Morena] as "COVID-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER to be maintained in the o/o the concerned DM who in turn shall assign work to applicant of COVID-19 disaster management at the discretion of District Magistrate, by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, concerned. This Court expects that the applicant shall rise to the occasion to serve the society in this time of crises to discharge his fundamental duty of rendering national service when called upon to do so, as per Article 51-A(d) of the Constitution.
Registry is directed to communicate about the passing of this order to the concerned District Magistrate for compliance.
The District Magistrate concerned is directed to intimate this Court in case condition No.10 is not complied with and on 6 receipt of any such intimation, Registry is directed to list the matter before appropriate bench as PUD.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Rashid Judge
RASHID
Digitally signed by RASHID KHAN
DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed19542 37f6324416af3985b5e9940ed42, KHAN serialNumber=111cc474a72b078dc9a89f3cb13bb668f d8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2020.06.09 12:16:23 +05'30'