JUDGMENT

Subodh abhyankar, J. - This is the second bail application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.406/2021 registered at Police Station Simrol, District - Indore (MP) for offence punishable under Section 34(2) of M.P. Excise act and Sections 25 and 27 of arms act. The applicant is in custody since 03.11.2021.

His earlier bail application M.Cr.C. No.62125 of 2021 was dismissed by this Court vide order dated 23.12.2021 as withdrawn with liberty to renew the prayer after completion of three months of incarceration.

Counsel for the applicant has submitted that the applicant was arrested on 03.11.2021 and as such it has already been more than three months from the date of his arrest. It is further submitted that so far as the 19 criminal antecedents, which have been noted by the learned Judge of the trial Court are concerned, applicant has already been acquitted in 16 of such offences and even most of them are under Sections 294 and 323 of IPC. It is also submitted that the other co-accused persons, who are also present on the spot along with the present applicant have already been released on bail by this Court in M.Cr.