Lakkha @ Lakhan Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 7582 MP

                                  1
          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                             BEFORE
          HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 6th OF JUNE, 2022

             MISC. CRIMINAL CASE No. 27094 of 2022

        Between:-
        LAKKHA @ LAKHAN SINGH GURJAR S/O
        LAXMAN SINGH GURJAR , AGED ABOUT 50
        Y E A R S , OCCUPATION: KRASHI VILL
        BADERA PS ANTRI (MADHYA PRADESH)

                                                         .....PETITIONER
        (BY SHRI D.R. SHARMA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH
        INCHARGE POLICE STATION P.S. ANTRI
        (MADHYA PRADESH)

                                                       .....RESPONDENTS
        (BY SHRI NAVAL KISHORE GUPTA - PUBLIC PROSECUTOR)

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

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

T h e applicant apprehends his arrest in connection with Crime No.112/2022 registered at Police Station Antari, District Gwalior for offence under Sections 365, 367, 374, 342, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that it is a case of dispute of payment of labour charges and case has been given color of

abduction and illegal confinement. Even otherwise, the applicant is the father of Ram Asare and the only allegation against the applicant is that he also used to compel the complainant to do begar and also used to lock him inside the room and his labour charges were not paid. The applicant is ready and willing to cooperate with the Investigating Officer. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that as per the FIR, about 1 year and 2 months ago, the complainant had gone to Goverdhan (Mathura) for parikrama. While he was coming back by train he was compelled to

deboard the train at Gwalior Railway Station. Since he was not having money, therefore, he was going to his house by walking. As he forgot the road, therefore he reached Badera village, where the co-accused Ram Asare came on motorcycle and compelled him to go to his house. The complainant was compelled to clean cow-dunk as well as to do the agricultural work. The applicant, who is the father of co-accused Ramaser was also compelling the complainant to do the work. Thereafter, he used to lock him in a room. He was not paid his salary for the last more than one year. However, it is fairly conceded that there is nothing in the police case diary to indicate that any gum-insaan report by any family member of the complainant was lodged. It is further submitted that one criminal case under Sections 336, 294, 506 and 34 of IPC was registered against the applicant in the year 2019.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 13.06.2022, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 13.06.2022, then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Application is allowed.

(G.S. AHLUWALIA) V. JUDGE bj/-

BARKHA SHARMA 2022.06.0

17:58:21 +05'30'