ORDER/JUDGMENT : – Shri Brajmohan Mahajan, Advocate for applicant.

Smt. Padamshri Agrawal, Panel Lawyer for State.

This fourth application under section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed as withdrawn by order dated 2-11-2020 passed in M.Cr.C. No. 41498/2020.

2. The applicant has been arrested on 27-11-2017 in connection with Crime No. 418/2017 registered at Police Station Kotwali, District Datia for offence under sections 302, 307 of IPC.

3. It is submitted by the counsel for the applicant that the basic law is that while deciding the bail application the Court must respect to the life and liberty guaranteed by Article 21 of the Constitution of India. Although the bail application of the applicant has already been rejected thrice on earlier occasion, but he should be permitted to argue the matter on merits. Further the witnesses have been examined and there are material omissions and contradictions in their evidence and under these circumstances, the applicant is entitled for bail.

4. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the previous bail application have already been