- (1.)CBI counsel is under receipt of the case diary. Hence, the matter is taken up for final adjudication. Heard. On behalf of the applicant, this second repeat bail application is preferred under Section 439 of Cr.P.C. for grant of bail to the applicant as he is under custody since 10.04.2015, in connection with Crime No.138/2013, so also in connection of Crime No. 449/2013 and both the crimes were registered at Police Station Jhansi Road, Gwalior for the offences under Sections 420, 419, 467, 468, 471, 201, 120 -B of IPC and Section 3/4 of MP Recognized Examination Act.
(2.)It is noted that his earlier bail application filed in this regard was dismissed as withdrawn and not pressed vide order dated 06/07/2015 passed in MCRC 4187/2015 by extending the liberty to revive the prayer after 15 th July, 2015, pursuant to such liberty second repeat petition is preferred.
(3.)Applicant's counsel after taking us through the record and charge sheet placed on record alongwith the rejection order of Special Court argued that on taking into consideration the entire evidence collected and submitted alongwith the charge sheet as accepted in its entirety even then the ingredients of alleged offences are not made out against the applicant. In continuation, he said that the applicant has already suffered nearabout 9 months in the judicial custody and trial of the case will take time for its conclusion which may be months together or years together. Till date, the material prosecution witnesses have not been examined by the Trial Court and supplementary investigation of the crime is being carried out by the CBI. He further stated that all the connected co -accused in the case of the applicant have been arrested and in that respect chain has become complete and prayed for extending the benefit of the bail by allowing this application.