MANOJ VISHWAKARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This fourth application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed as withdrawn by order dtd. 2/11/2020 passed in M.Cr.C. No. 41498/2020.

(2.) The applicant has been arrested on 27/11/2017 in connection with Crime No. 418/2017 registered at Police Station Kotwali, District Datia for offence under Ss. 302, 307 of IPC.

(3.) It is submitted by the counsel for the applicant that the basic law is that while deciding the bail application the Court must respect to the life and liberty guaranteed by Art. 21 of the Constitution of India. Although the bail application of the applicant has already been rejected thrice on earlier occasion, but he should be permitted to argue the matter on merits. Further the witnesses have been examined and there are material omissions and contradictions in their evidence and under these circumstances, the applicant is entitled for bail.