KRISHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second application under Sec. 439 of CrPC has been filed for grant of bail. The first application was dismissed by order dtd. 18/7/2022 passed in M.Cr.C. No.26730/2022.

(2.) The applicant has been arrested on 6/1/2022 in connection with Crime No.483/2021 registered at Police Station Sironj District Vidisha for offence under Ss. 420, 467, 468, 471 of IPC.

(3.) 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 Sec. 30 of Evidence Act.