(1.) The applicant has filed this second application under Sec. 439 of Code o f Criminal Procedure for grant of bail. Applicant has been arrested on 31/8/2023 by Police Station Chinor, District Gwalior relating to Crime No.24/2017 for the offences punishable under Ss. 364A, 467, 468 of IPC and Sec. 11/13 of MPDVPK Act.
(2.) This is the case of bail jump and applicant is suffering confinement since 31/8/2023 on the pretext that on 25/3/2023 he remained absent before the trial Court therefore, arrest warrant was issued and he was consequently arrested.
(3.) It is the submission of counsel for the applicant that on 25/3/2023, lawyer were abstaining from work therefore, he could not cause his appearance before the trial Court and therefore, his absence was recorded. Even otherwise, he suffered sufficient period of custody earlier and his source of implication is memo under Sec. 27 of Evidence Act therefore, a chance be given for course correction. He undertakes to cooperate in trial. Upon these grounds, counsel prayed for grant of bail.