Gurjit Singh and Another vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No. 164, dated 19.8.2013, under Sections 452, 354, 323, 506, 34 IPC, registered at Police Station Sadar, District Tarn Taran. I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Tarn Taran vide which application filed on behalf of the present petitioners for anticipatory bail was dismissed.

Brief allegations are that Darshan Singh, i.e., husband of the complainant, was employed with co-accused Major Singh for the last about four years. He was working on contract basis, i.e., for Rs. 80,000/- per year. He was to receive some amount from co-accused Major Singh and, when he demanded the same, Major Singh and the present petitioners-accused started abusing him. It may be mentioned here that petitioner no. 1 is the son of co-accused Major Singh. Further allegations are that on 4.7.2013, Darshan Singh, husband of the complainant could not go to do labour work at the farm of co-accused Major Singh due to illness. Annoyed with the same at about 8.00 p.m., the petitioners-accused alongwith co-accused Major Singh and another person Raghbir Singh @ Dhira trespassed into the house of the complainant and started abusing the complainant and her husband and started giving them beatings. They tied the hands of the husband of complainant and had taken him to their fields and also abused them in the name of their caste and told them that they would take work from him by tiding him with rope in that manner and if he would refuse to perform the work, entire family would be eliminated. Signature of husband of the complainant was also obtained on such papers and there are allegations that husband of the complainant was forced to do bonded labour. It has also been mentioned in the impugned order passed by learned Additional Sessions Judge, Tarn Taran, that it came during the course of investigation that the accused even torn clothes of the complainant when they were giving beatings to her and her husband.

It has been contended by learned counsel for the petitioners-accused that they have been falsely implicated in this case due to political rivalry and that father of petitioner no. 1 was already arrested and released on regular bail. It is also contended that there are no allegations for offence u/s 354 IPC as per the FIR.

However, there are very serious allegations against petitioners-accused. They alongwith co-accused entered the house of the complainant in the night, gave them beatings, abused them and forcibly tied hands of husband of the complainant and had taken him to their fields and forced the complainant and her husband to work in their fields and also raised threat to them.

Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused. Without expressing any opinion on the merits of the case, the present petition filed by petitioners-Gurjit Singh and Sukhjinder Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.