(1.) This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 22.9.2021 passed in M.Cr.C.No.46845/2021.
(2.) The applicant has been arrested on 5.9.2021 in connection with Crime No.307/2021 registered at Police Station Khaniyadhana, District Shivpuri for offence under Sections 379, 414 of IPC and under Section 4(A), 21(1) of Mines and Minerals (Development and Regulation) Act.
(3.) It is submitted by the counsel for the applicant that according to the prosecution case, the applicant is the driver of the dumper and was illegally transporting the illegally excavated stone dust. The charge sheet has been filed and one of the co-accused/owner of dumper is still absconding.