Rajesh @ Raju Khatik vs The State Of Madhya Pradesh
2022 Latest Caselaw 15602 MP

                                                           1


                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE ANIL VERMA

                                          ON THE 25th OF NOVEMBER, 2022


                                         MISC. CRIMINAL CASE No. 48516 of 2022


                           BETWEEN:-
                           RAJESH @ RAJU KHATIK S/O RAMNATH JI
                           KHATIK,  AGED   ABOUT    48  YEARS,
                           OCCUPATION: MAJDURI MISROLI TEHSIL
                           PANCHPAHAD    DISTRICT    JHALAWAR
                           (RAJASTHAN)
                                                                           .....PETITIONER
                           (SHRI DEEPAK BOURASI, LEARNED
                           COUNSEL FOR THE PETITIONER )

                           AND
                           THE STATE OF MADHYA PRADESH STATION
                           HOUSE   OFFICER   THROUGH    POLICE
                           STATION MANASA DISTRICT NEEMUCH
                           (MADHYA PRADESH)
                                                                          .....RESPONDENT
                           ( SHRI N.S. BHATI GA APPEARING ON
                           BEHALF OF ADVOCATE GENERAL)
                                 This application coming on for hearing this day, the court
                           passed the following:
                                                     O R D E R

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 25-11-2022 18:09:30

23.7.2022 in connection with Crime No. 89/2004 registered at P.S. - Manasa District Neemuch (M.P.) for commission of offence punishable under Section 8, 18, 21 of NDPS Act.

As per the prosecution story, on 26.3.2004 police got discrete information from the informant regarding illegal transportation of contraband, acting upon said information, police party reached on the spot and caught three persons Prahlad, Shyam and Prabhudayal from the spot and during interrogation they have admitted that they were preparing smack, 52 kg opium solution filtered 3.150kg smack, some apparatus for preparing smack have been recovered from their possession. The present applicant fled away from the spot. Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 23.7.2022. As per prosecution contraband has been recovered from possession of co-accused Prahlad, Shyam and Prabhudayal but all of them have been acquitted by coordinate bench of this Court by judgment dated 9.9.2010 passed in Cri.A. No. 1050/2007, investigation is over and charge sheet has been filed. Applicant is permanent resident of District Jhalawar. Applicant has no criminal past. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submiting that applicant

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 25-11-2022 18:09:30

remained abscond for a period of about 18 years and if he is granted bail he will again abscond. Hence the applicant does not deserve for bail.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation it is revealed that although three accused persons have been acquitted by the coordinate bench of this court but evidence was not recorded against the present applicant therefore, evidence against the co-accused cannot be read conjointly in respect of present applicant. Applicant remained abscond for a long period of about 18 years without any satisfactory explanation. Therefore, there is a strong possibility that he may again abscond, if he is granted bail. In view of the evidence available on record, this court is not inclined to enlarge the applicant on bail Hence this M.Cr.C. filed under Section 439 of Cr.P.C. filed by applicant is hereby dismissed.

Certified copy as per rules.

(ANIL VERMA) J U D G E BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 25-11-2022 18:09:30