Madhya Pradesh High Court
Raj @ Raju @ Rajkumar Patel vs The State Of Madhya Pradesh on 12 January, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH MCRC No.64491/2021 (RAJ @ RAJU @ RAJKUMAR PATEL VS. STATE OF M.P.) Through Video Conferencing Gwalior, Dated : 12/01/2022 Shri Anil Kulshreshtha, learned counsel for the applicant. Shri A.K.Nirankari, learned counsel for the State. Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 07/11/2021 in connection with Crime No.309/2020 registered at Police Station Bagchini, District Morena for offence under Sections 376-D, 366, 342, 370, 372, 373 and 120-B of IPC.
It is submitted by the counsel for the applicant that the only evidence against the applicant is the memorandum of the co-accused.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant was absconding and he could be arrested only on 07/11/2021. the evidence of the witnesses, which have already been recorded during the abscondance of the applicant cannot be read either in favour or against him. It is true that the applicant was made an accused on the basis of the memorandum of the co-accused, but the allegations are that the applicant is engaged in human trafficking and used to sale girls. The applicant can also be identified by the prosecutrix in the 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.64491/2021 (RAJ @ RAJU @ RAJKUMAR PATEL VS. STATE OF M.P.) dock.
Considering the fact that the applicant was absconding and could be arrested recently on 07/11/2021, no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed. However, liberty is granted to the applicant to revive the prayer after the examination of the prosecutrix.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.01.12
17:27:50 -08'00'