VIJAY PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This fifth repeat application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The fourth application was dismissed as withdrawn by order dtd. 23/08/2022 passed in MCRC No.39121/2022.

(2.) The applicant has been arrested on 17/03/2022 in connection with Crime No.61/2022 registered at Police Station Gormi, District Bhind for offence under Ss. 304 of IPC and Sec. 185 of Motor Vehicles Act.

(3.) It is submitted by the counsel for the applicant that it is a case of rash and negligent driving. It appears that after the accident took place, the applicant must have tried to escape from the spot in order to save his own life. According to the prosecution case, the applicant was drunken at the time of the incident. However, the applicant is in jail for the last almost six months i.e. 17/03/2022. The previous bail applications were withdrawn. However, the period of detention can also be considered to be a change in circumstance. It is further submitted that the applicant has no criminal history.