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Krishna @ Krishnabhan Yadav vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 November 2022 · Citation: (2022) 11 MP CK 0068

HON’BLE JUDGES
Gurpal Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 420, 467, 468, 471 · Evidence Act, 1872 — Section 30
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 54980 Of 2022
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Judgment

7 paragraphs · 206 words

Gurpal Singh Ahluwalia, J

This second application under Section 439 of CrPC has been filed for grant of bail. The first application was dismissed by order dated 18.07.2022 passed in M.Cr.C. No.26730/2022.

The applicant has been arrested on 06.01.2022 in connection with Crime No.483/2021 registered at Police Station Sironj District Vidisha for offence under Sections 420, 467, 468, 471 of IPC.

The first application of applicant has already been dismissed on merits. It is submitted by counsel for applicant that according to the prosecution case, co-accused Mukesh had made a confessional statement that the tractor in question was handed over to the applicant. It is submitted that in absence of recovery of said tractor, the statement made by co-accused Mukesh is not admissible, however, fairly conceded that the previous application was rejected in light of Section 30 of Evidence Act.

It is submitted by counsel for State that applicant has a criminal history and three more cases have been registered against him.

Considering the criminal antecedents of applicant and nature of previous offences allegedly committed by him, no case is made out for grant of bail.

Accordingly, the application is dismissed. However, liberty is granted to revive the prayer after undergoing some reasonable period of detention.