Madhya Pradesh High Court
Raju Sahu vs The State Of Madhya Pradesh on 2 July, 2019
The High Court of Madhya Pradesh
M.Cr.C.No.21268/2019
(Raju Sahu Vs. State of M.P. )
1
Jabalpur, Dated : 2-7-2019
Shri Rajesh Kumar Yadav, counsel for the applicant.
Shri J.A.Shah, G.A., for the respondent/State.
Heard. Case diary perused.
This is second bail application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant. First application - M.Cr.C.No.6311/2013 was allowed vide order dated 19.7.2013 and applicant was released on bail. Thereafter applicant was regularly appearing before the trial Court, however he did not appeared on 10.3.2017. Therefore arrest warrant was issued against him. The applicant remained absconded for a long period of 2 years. Thereafter he was arrested on 31.3.2019 and is in judicial custody since then in connection with Crime No.222/2013, registered at Police Station Madhav Nagar, District Katni, for the offences punishable under Sections 8/20 NDPS Act.
Learned counsel for the applicant has submitted that the applicant is innocent and could not appear before the trial Court as he was ailing. It is further submitted that there is no likelihood of his absconding or tampering with the prosecution witnesses. He shall now regularly appear before the Court. Therefore, it is prayed that the applicant be released on bail.
Learned Government Advocate for State has opposed the application for bail and submitted that the applicant remained absconding for a long period of 2 years, therefore he may not be released on bail.
On perusal of record, it appears that the applicant was enlarged on bail by this Court vide order dated 19.7.2013 in M.Cr.C.No.6311/2013. Thereafter he was regularly appearing before the trial Court. On 10.3.2017 he remained absent, The High Court of Madhya Pradesh M.Cr.C.No.21268/2019 (Raju Sahu Vs. State of M.P. ) 2 therefore, warrant of arrest was issued against him. In compliance of the arrest warrant he was arrested on 31.3.2019.
It appears that the applicant remained absconding for a period of 2 years. He has mis-used the liberty of bail granted to him by this Court. Therefore, I do not fit this to be a fit case to enlarge the applicant on bail.
Considering the aforesaid facts and circumstances, this second application is dismissed.
C.C. as per rules.
(MOHD. FAHIM ANWAR) JUDGE M. Digitally signed by SANTOSH P MATHEWS Date: 2019.07.04 12:32:43 +05'30'