ORDER

This is second bail application filed by the applicant under Section 438 of Cr.P.C. First application, M.Cr.C. No.3635/2023 was dismissed on merits vide order dated 31.012023.

The applicant apprehends his arrest in connection with Crime No.11/2023 registered at Police Station Umariya, district Umariya (M.P.) for the offence punishable under Section 305 of the I.P.C.

An objection has been raised regarding maintainability of the successive bail application under Section 438 of Cr.P.C., when the first bail application was rejected on merits.

Learned counsel for the applicant has urged that there is no bar in entertaining a successive application under Section 438 of Cr.P.C. He has placed reliance on (2014) 16 SCC 501 Jagmohan Bahl and another Vs. State (NCT of Delhi) and another, (2011) 14 SCC 765 Bhaskar Mishra Vs. State of M.P. and on a Division Bench decision passed in a reference in the case of Imratlal Vishwakarma and others Vs. State of M.P. 1996 MPLJ 662 (M.Cr.C. No. 648/1995) to substantiate his arguments.

In Imratlal Vishwakarma (supra), in para 10, the Court held thus :-

10........If the application has been filed on the same grounds which had already been