Madhya Pradesh High Court
Raju Sahu vs The State Of Madhya Pradesh on 14 October, 2019
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
The High Court of Madhya Pradesh
M.Cr.C.No.39417/2019
(Raju Sahu Vs. State of M.P. )
1
Jabalpur, Dated : 14.10.2019
Shri Rajesh Kumar Yadav, counsel for the applicant.
Shri Gulab Singh, P.L., for the respondent/State.
Heard. Case diary perused.
This is third 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. Second application - M.Cr.C.No.21268/2019 was dismissed on merits vide order dated 2.7.2019.
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. Therefore, it is prayed that the applicant be released on bail.
Learned counsel for State has opposed the application for bail and submitted that the second application was dismissed on merits, therefore, this third application may be dismissed.
The High Court of Madhya Pradesh M.Cr.C.No.39417/2019 (Raju Sahu Vs. State of M.P. ) 2 The matter was considered and dismissed on merits vide order dated 2.7.2019 passed in M.Cr.C.No.21268/2019. Considering the facts and circumstances of the case, there appears to be no reason to take a different view in this third application for bail.
Consequently, this third application is dismissed. C.C. as per rules.
(MOHD. FAHIM ANWAR) JUDGE M. Digitally signed by SANTOSH P MATHEWS Date: 2019.10.15 12:45:52 +05'30'