Rakesh Rathore vs State of M.P.

D.K. Paliwal, J.—Heard.

This is first bail application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No. 262/2014 registered at Police Station Janakganj, District Gwalior for the offence punishable under Sections 399, 400, 402 of IPC, 25/27 of Arms Act and sections 11/13 of M.P.D.V.P.K. Act.

As per prosecution case, on receipt of information that five to six persons standing near the bushes of Sanjay Nagar Tower are planning to commit robbery at Nehru Petrol Pump, on this police force reached near Sanjay Nagar Tower and they heard that five to six persons were planning to commit robbery at Nehru Petrol Pump, thereafter police party surrounded them and caught three persons, however, two persons fled away from the spot. The persons who were caught have disclosed their names as Baby alias Amardeep, Nawab alias Shakeel and Leela. From Baby alias Amardeep 315 bore Katta has been seized, from Nawab alias Shakeel a knife has been seized and from Leela a sword has been seized. When interrogation was made with Baby alias Amardeep, Nawab alias Shakeel and Leela regarding two persons who fled away, they disclosed their names as Raju alias Rajendra and Rakesh Rathore.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. Learned counsel for the applicant further submits that applicant has filed a writ petition bearing W.P. No. 49/2013 before this Court against the police authorities of Police Station Janakganj and police officers are compelling the applicant to withdraw the aforesaid writ petition. It is further submitted that when the applicant refused to withdraw the same, he was arrested in a false case under the M.P. Excise Act and another offence u/s 111 of Cr.P.C. and arrested the applicant under National Security Act. It is further submitted that there is every possibility that action may be taken against the concerning police officer by this Court, hence, a false case has been registered against the applicant. It is further submitted that the applicant has also sent a representation to the Hon''ble President of India and also to the President of Human Rights Commission. Prima facie there is no evidence against the applicant. Hence, prayed for anticipatory bail.

The prayer is opposed by learned Public Prosecutor and submits that applicant has previous criminal history and as many as 14 criminal cases are registered against the applicant, hence, prayed for rejection.

Perused the case diary.

Prosecution witnesses Kamal Batham and Suresh Batham have stated that police party reached the spot and caught three accused persons and they disclosed the name of two accused persons Raju alias Rajendra and Rakesh Rathore who fled away from the spot. Other witnesses Vidhyacharan, Harcharan Singh, Ramkishore, Isan Khan and Sagar Singh have also stated the same facts. There are 14 criminal cases have been registered against the applicant. Learned counsel for the applicant submits the copies of the judgment of S.T. No. 114/2007, S.T. No. 3390/2008, 9016/2009 and order-sheet of Criminal Case No. 4287/2008 showing that applicant has been acquitted on the basis of compromise. The applicant has also filed the copies of the complaint made to Police Officers i.e. Inspector General of Police and Superintendent of Police. Copy of representation to the Hon''ble President of India and President of Human Rights Commission have also been filed and order-sheet of W.P. No. 49/2013 has also been filed.

Considering the allegation against the applicant and the fact that the offence u/s 11/13 of the M.P.D.V.P.K. Act has been registered against the applicant, therefore, the applicant is not entitled for anticipatory bail.

Accordingly, the application filed by the applicant for anticipatory bail is hereby dismissed.