DILIP SINGH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.647 of 2014, registered at Police Station Bahodapur, District Gwalior (M.P.) for offence punishable under Ss. 365, 294, 506/34 of IPC and Sec. 11/13 of MPDVPK Act.

(2.) As per the case of prosecution, on 26/07/2014 around 9:00 PM, accused Samrath Singh armed with country-made gun (katta) reached Oil Mill of Rajesh Shrivastava at Shankarpura. Other accused Raghuraj Singh Gurjar, Mansingh Gurjar and Dilip Singh Gurjar also went along-with Samrath Singh. All the four accused abused Rajesh Shrivastava in filthy language for the reason of non-payment of money of purchase of mustard from local agriculturists. All the accused manhandled Rajesh Shrivastava and forcefully abducted in a car. Upendra Singh and Meera Jatav were workers of the Oil Mill attempted to intervene but accused Samrath Singh threatened them with country-made gun. Samrath Singh and his associates had taken Rajesh Shrivastava in their black car. On such allegations, Police Station Bahodapur registered FIR in Crime No.647/2014 for offence punishable under Ss. 365, 294, 506, 34 of IPC and Sec. 11/13 of MPDVPK Act. On completion of investigation, charge-sheet was filed on 31/12/2015 showing the applicant to be absconding; however, the applicant could be arrested as late as on 26/8/2023 and ever since he is in custody.

(3.) Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implication in the matter for the reason he is son of another accused Raghuraj. He has never intimated about the FIR and allegation against him. He has not absconded rather he was cultivating the crops on his agricultural land in village Sihaipura. No incriminating article is recovered from the possession of applicant. Charge sheet has been filed. No custodial interrogation of applicant is required. Main accused Samrath Singh has been acquitted by the trial Court. There is no likelihood of interfering with the investigation or tampering with the evidence. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.