1. This is second application for grant of bail under section 439 CrPC in connection with Crime No. 219/2011, registered at Police Station Road Ratlam for offence under section 302 of IPC. The first bail application of the applicant was dismissed as not pressed vide order dated 11.11.2011 in M.Cr.C.No. 7925/2011.

2. Petitioner is involved in a case under section 302 of IPC which was registered on account of burn which were found on the person of the deceased Rehana and on succumbed to injuries is stated to have given dying declartion involving the present petitioner namely Bablu @ Babla, having caused burn injury on the person of Rehana. The dying declaration relied upon by the prosecution is not a dying declaration which has been made before any doctor, but it is signed by one Zarina and Rubina, sisters of the deceased and one S.I. Chudawat who is also the investigating officer of this case. As far as Zarina, Rubina and Aman, s/o the deceased who is also cited as witness to the incident have not supported the case of the prosecution. Thus, the only witenss remained to be examined is the Investigation Officer who wrote the dying declaration. It is not clear as to why the doctor