The Meghalaya High Court has rejected the bail application of coke plant kingpin Youdhistra Bhama who is currently in jail after his arrest on June 15.
The bail plea for Youdhistra was moved by his uncle Pawan Bhama before the bench of Justice Wanlura Diengdoh.
Prominent Supreme Court lawyer K T S Tulsi appeared for Bhama during the hearing and raised a number of points to secure bail for Youdhistra.
However, Justice Diengdoh in his order passed on July 20 rejected the bail plea stating that it was “devoid of merits”.
“This court has taken note of the matter in its entirety having considered the gravity and nature of the situation and is of the view that the custody of the accused person in question is justified for which the investigating officer should be given ample opportunity to complete his investigation, albeit within the mandatory period as prescribed by law since enlarging of the accused person at this point of time may cause hindrances to the process of investigation. In view of the above, this petition is deemed to be devoid of merits and the same is accordingly dismissed,” the order said.
It may be mentioned that Youdhistra Bhama was arrested following the FIR lodged by the Sub-Divisional Officer, Mawshynrut Civil Sub-Division H Kerwood Thabah on December 17, 2022 before the Officer In-Charge, Shallang Police Station, West Khasi Hills District.
In the FIR, Thabah stated that on the strength of an order issued by the Deputy Commissioner, West Khasi Hills District dated December 16, 2022 to shut down all illegal coke factories operating in West Khasi Hills in compliance with the High Court’s order dated December 16, 2022 in PIL No. 14 of 2022.
After the Deputy Commissioner’s order, about 57 illegal coke plants were shut down though the names and identity of the owners of such coke plants was still unknown at that point of time.
Accordingly, on receipt of the FIR the police registered Shallang PS Case No. 39(12) 2022 under Section 188/34 IPC read with Section 3(1)/21(1) MMDR Act read with Section 15 Environment (Protection) Act, Section 3 of the Explosive Substances Act and Section 53(1) of the Benami Transaction (Prohibition) Act, 2016 and investigation was launched.
In the course of investigation, a huge quantity of coal found at the site which is approximately 9000 tons and coke of about 800 tons was seized from different locations of the illegal coke factories.
The investigating officer also issued notices under Section 41-A of the Code of Criminal Procedure, initially to about 31 persons who, in response to the notices, appeared at Shallang Police Station and their respective statements were recorded under Section 161 CrPC.
On May 29, 2023 the investigating officer again issued another batch of notices under Section 41-A CrPC to another 47 suspected persons asking them to appear at Shallang Police Station on June 13, 2023. Youdhistra Bhama was also one of those who were summoned and accordingly he appeared at the police station on the same date and his statement was also recorded under Section 161 CrPC.
The investigating officer again summoned Youdhistra Bhama to appear before him on June 15, 2023 and not being satisfied that he has fulfilled the conditions of notice under Section 41-A CrPC, the investigating officer after explaining to him the reasons, accordingly arrested him mainly on the ground to prevent him to commit further offence and also that he is a habitual offender and more importantly to prevent the accused from causing the disappearance of evidence and also to safeguard the life and property of an important witness who has cited incriminating evidence against the accused.
