Madhya Pradesh High Court
Dharmendra @ Lukka vs The State Of Madhya Pradesh on 16 March, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.12297/2022
Dharmendra @ Lukka vs. State of M.P.
Gwalior, Dated : 16/03/2022
Shri Brajesh Tyagi, Counsel for the applicant.
Shri PPS Vajeeta, Counsel for respondent/State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed
for grant of bail.
The applicant has been arrested on 12.10.2021 in connection
with Crime No.50/2019 registered at Police Station Saraichhola,
District Morena for offence under Sections 323, 384, 403 of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, on 30.03.2019 the applicant and another accused
persons went to construction site and threatened the complainant on
the allegation as to why the police report was lodged against the
accused persons and also started assaulting the complainant and his
labourers and also demanded an amount of Rs.5,00,000/- for
continuing construction. It is submitted that the applicant is aged
about 30 years. He was not aware that any criminal offence was
registered against him. He is in jail from 12.10.2021. The applicant is
ready and willing to abide by any stringent condition which may be
imposed by this Court. The trial is likely to take sufficiently long time
and there is no possibility of his absconding or tampering with the
prosecution case. It is further submitted that this Court by order dated
21.1.2022 passed in M.Cr.C.No.3628/2022 has granted bail to co-
THE HIGH COURT OF MADHYA PRADESH
MCRC No.12297/2022
Dharmendra @ Lukka vs. State of M.P.
accused Lakhan Singh whose case is identical to that of the applicant
and even the period of detention of the applicant is more than that of
co-accused Lakhan Singh.
Per contra, the appeal is vehemently opposed by the counsel
for the State. It is submitted that the applicant has a criminal history
and nine more criminal cases were registered against him. However, it
is fairly conceded that no heinous offence was registered, but he was
absconding for more than 2 ½ years.
Considering the facts and circumstances of the case and without
commenting on the merits of the case, the application is allowed. It is
directed that the applicant shall be released on bail on furnishing cash
surety of Rs. 2,00,000/- (Rupees Two Lacs Only) or in the alternative
on depositing his original title-deed(s) [not Rin Pustika] of the
immovable property worth of more than the said amount, as directed
by the Supreme Court in the case of Sharo @ Shahrukh Vs. The
State of MP by order dated 06.09.2021 passed in SLP (Cri) No.
6321/2021 to the satisfaction of the Trial Court/Committal
Court/Remand Magistrate to appear before the Court on the dates
given by the concerned Court.
This order shall remain effective till the end of trial but in case
of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial
Court, or in case of registration of new offence, this bail order shall
THE HIGH COURT OF MADHYA PRADESH
MCRC No.12297/2022
Dharmendra @ Lukka vs. State of M.P.
automatically come to an end and the cash surety so furnished by the
applicant shall automatically stand forfeited without any reference to
the Court. In case, the title deeds have been deposited, then the same
shall not be returned unless and until the surety amount is deposited.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat and others Vs. State of M.P. passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
Judge
(alok)
ALOK KUMAR
2022.03.16 17:27:56 +05'30'
