Yogesh Rathore vs State Of Madhya Pradesh

Heard the counsel for the parties and case diary perused.

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested on 7/9/2019 by Police Station Gola Ka Mandir, District Gwalior in connection with Crime No. 454/2019 registered in relation to the offences punishable under Sections 376, 323 of IPC and Section 3/4 of POCSO Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. Applicant is suffering confinement since 7/9/2019. The narration of story indicates the consensual nature of relationship shared by parties. Chance of absconsion and tampering with the evidence is remote. Applicant undertakes to cooperate in investigation/trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He undertakes to perform some community service.

Learned counsel for the State on the basis of case diary opposed the prayer made by the applicant.

Considering the submissions advanced by learned counsel for the applicant, the fact situation of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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;

The applicant shall not commit an offence similar to the offence of which he is accused and would not be a source of embarrassment or harassment to the complainant party;

The applicant will not seek unnecessary adjournments during the trial and would regularly appear before the trial Court;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

As per the undertaking of the counsel on behalf of the applicant for social/ community work, the applicant is directed to visit District Hospital, Morar, Gwalior in Outdoor Patient Department (OPD) on every Monday and serve the patients for next three months between 9 am to 1 pm so that he may learn the lesson to believe in peaceful co- existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District-Gwalior/ Hospital Superintendent, Gwalior as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc. It is made clear that he would not be a source of infection and discomfort to the patients of the hospital in any manner and concerned doctor shall ensure the same. In February, 2020 applicant shall submit a report about the works done by him and suggestions, if any for improvement of the system.

CMHO, Gwalior/ Superintendent of District Hospital, Gwalior shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.

A copy of this order be sent to CMHO, Gwalior for information and ensuring compliance of this order. CMHO, Gwalior may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service. The progress report may be submitted in March, 2020. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.