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In reply, learned counsel for the applicant has submitted that one criminal antecedent is of the year 2003, which was registered for offence under Sections 336, 294 and 323 of the IPC, second is of the year 2005 for offence under Sections 304-A, 279 and 337 of the IPC and there is no case registered against the present applicant at Crime No.115/2010 for offence under Sections 325, 304 and 34 of the IPC, as has been mentioned by the State counsel. It is further submitted that since year 2005, no other case has been registered against the present applicant.

It is true that criminal antecedents of the accused is one of the factor while considering the bail application filed under Section 439 of CrPC but it cannot be the sole and decisive factor for deciding the same. Application of judicial mind with regard to criminal antecedents of the accused is germane for considering the bail application. Bail application should not be rejected mechanically simply considering the criminal antecedents of the accused.

In the present case at hand, initially criminal case against the present applicant was registered in the year 2003 for offence under Sections 336, 294 and 323 of the IPC. Thereafter, another case was registered in the year 2005 for offence under Sections 304-A, 279 and 337 of the IPC. So far as third criminal case registered in the year 2010 The High Court of Madhya Pradesh (Rajendra Sakhwar vs. State of M.P.) is concerned, the same has been objected by learned counsel for the applicant stating that no case at Crime No. 115/2010 for offence under Sections 325, 304 and 34 of the IPC is registered against the present applicant.