BANTI KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is Second bail application u/S 439 of Cr.P.C filed by the applicant for grant of bail. First application was dismissed as withdrawn vide order dated 16.10.2019 in M.Cr.C No. 42052/2019 with liberty to come again after completion of investigation and filing of charge-sheet.

(2.) The applicant has been arrested on 22.09.2019 by Police Station Bhaodapur District Gwalior in connection with Crime No.678/2019 registered in relation to the offence punishable u/Ss. 304 and 34 of IPC.

(3.) It is alleged by learned counsel for applicant that earlier bail application was dismissed as withdrawn with liberty to come again after completion of investigation and filing of charge-sheet. Now, investigation is over and chargesheet has already been filed on 07.11.2019. Learned counsel for applicant submits that all the co-accused persons have been arrested in the matter. He is in custody since 22.09.2019. According to learned counsel for the applicant, on the basis of omnibus allegation leveled against the present applicant offence under Section 304 of IPC is not made out. Learned counsel for the applicant further submits that he was not present on the spot when the alleged incident has taken place. He is ready to abide by all the terms and conditions as imposed by this Court. Upon these grounds, he prays for bail.