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Judgment
Raghuvendra S. Rathore, V.J.
Heard learned Counsel for the parties.
I have considered the facts and circumstances of the case and the fact that the allegation against the petitioner is with regard to transportation of illicit liquor. This matter pertains to the year 2009 and since then the petitioner has been absconding. The prosecution had filed challan against the petitioner u/s 299 of Code of Criminal Procedure
Learned Counsel for the petition has placed reliance on the case of Bharat Choudhary and Anr. v. State of Bihar and Anr. reported in 2004 C.L.R. 10 and also the case of Ravindra Saxena v. State of Rajasthan reported in 2010 (1) WLC 171.
At the outset, it may be noticed that so far as the cases cited by the learned Counsel for the petitioner are concerned, the same are distinguishable for the simple reason that in neither of those cases, the accused was absconding nor the challan against him was filed u/s 299 Code of Criminal Procedure As a matter of fact, the principle of law laid down by the Hon''ble Apex Court in the case of Jagtar Singh v. Satendra Kaur 2002 C.L.R. 807 is that in a case where the accused is absconding and challan has been filed, then he has no right for grant of anticipatory bail. Furthermore, this High Court has so held in the case of Munna Munni Khan v. State of Rajasthan 1996 C.L.J. 831 and in the case of Bhoja Singh @ Bhoj Singh v. State of Rajasthan 2001 C.L.R. 1 : RLW 2000 (4) Raj. 568.
Consequently, the bail application is dismissed.