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Judgment
Gurpal Singh Ahluwalia, J
This fifth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The fourth application was dismissed as withdrawn by order dated 23/08/2022 passed in MCRC No.39121/2022.
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 Sections 304 of IPC and Section 185 of Motor Vehicles Act.
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 The previous bail applications were withdrawn.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.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that not only the applicant was found under the influence of alcohol, but also empty glasses were also found on the front passenger seat, which clearly indicates that the applicant was consuming liquor even while driving.
Heard the learned counsel for the parties.
In view of the fact that the country made liquor and glasses were also found in the vehicle and the applicant was found to be under the influence of alcohol and the manner in which the incident take place, no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed. However, liberty is granted to the application to revive the prayer after undergoing some period of detention.