[Cites 1, Cited by 0]
Madhya Pradesh High Court
Lakhpat Gurjar vs The State Of Madhya Pradesh on 11 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6474
1 MCRC-10577-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10577 of 2026
LAKHPAT GURJAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Raval, Advocate for the applicant.
Shri Bhaskar Agrawal, Govt. Advocate for the respondent/State.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.22 of 2026 registered at Police Station-
Narsingarh, District Rajgarh (M.P.) for offence punishable under Sections
64(1), 64(2)(m), 87, and 351(3) of BNS,2023. Applicant is in judicial
custody since 11.02.2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely implicated
in the alleged offence. It is a case of consensual relationship between
worldly-wise adults. The complainant came to live with the applicant at her
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own. She lived with the applicant for almost seven months. When their
relationship turned sour due to mutual discord, she returned to her husband
and, thereafter, lodged false report alleging rape against the applicant. The
unexplained long delay of one and half months in lodging the FIR
substantiates the defense of the applicant that false accusation is levelled
after pre-meditation and consultation. No offence, as alleged, is committed
by the applicant. The investigation is almost complete. Further custodial
interrogation of the applicant is not needed in the matter. There is no
likelihood of tampering with evidence by the applicant. Jail incarceration is
causing hardship to the applicant and the dependent family. Applicant is
ready to cooperate in the trial. The alleged offence is not heinous or brutal in
nature affecting society at large.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers to
06 criminal antecedents against the applicant, as mentioned in the case diary.
Applicant is aged 44 years. He is an agriculturist by profession.
6. In reply, learned counsel for the applicant submits that the
applicant has been acquitted in Crime No.146/2013 v i d e order dated
22.08.2013 passed in RCT No.300312/2013, in Crime No.225/2021 vide
order dated 14.09.2024(Case No./RCT No.286/2021] and in Crime
No.18/2020 passed in ST. No.119/2020. In Crime Nos. 244/2025 and Crime
No. 472/2025, he has been extended benefit of bail. The other matter(s) is
pending for trial. The applicant has never been convicted in any other
offence.
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7. According to the accusation on case diary, on 10.01.2026, the
complainant aged around 32 years, submitted a typed complaint before the
SHO of Police Station Narsingarh, District Rajgarh(M.P.) that when she was
alone at her home around seven months ago, the applicant came to her home.
The applicant threatened to kill her son and implicate her husband in false
narcotics case and took her forcefully to village Pated. She was confined in a
room for 15 days. Applicant - Lakhpat committed rape with her and
threatened to kill her children. Applicant kept her for 5-6 months at village
Pated. One month ago, she escaped and returned to her matrimonial home.
On such allegations, P.S. Narsingarh registered FIR for offence punishable
under Sections 64(1), 64(2)(m), 87, and 351(3) of BNS, 2023. The applicant
was arrested on 11.02.2026. He is in custody ever since. The investigation is
under way. The trial would take time to conclude. apparently, it is a case of
long relationship between adults. The FIR is delayed. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of the prosecution and the complicity of the
applicant in the alleged offence will be determined after evidence in the
trial.
8. As informed, the applicant has the family responsibility of
dependent family. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of any substantial criminal past
and previous conviction for any major offence, considering the socio-
economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the witnesses by the
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applicant. There appears to be no compelling reason to continue
incarceration of the applicant. However, the observations, herein-above, are
recorded for present application only.
9. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant-Lakhpat shall be
released on bail in connection with Crime, as mentioned in first paragraph of
this order, upon furnishing a personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with one surety of the same amount
to the satisfaction of the trial Court, for compliance with the following
conditions : (For convenience of understanding by accused and surety, the
conditions of bail are also reproduced in Hindi asunder):-
(1) Applicant shall remain present on every date of hearing as may be directed by
the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत
रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से
लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या
पुिलस अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या
सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section
309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding
examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं .
.सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन
सुिन त करे गा ।
11. This order shall be effective till the end of trial. However, in case
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of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
12. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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