Madhya Pradesh High Court
Ramsiya Sharma vs The State Of Madhya Pradesh on 30 April, 2019
THE HIGH COURT OF MADHYA PRADESH
1
MCRC 17275/2019
(Ramsiya Sharma Vs The State of M.P.)
Gwalior, Dated :30/04/2019
Shri R.K. Sharma, learned senior counsel alongwith Shri
Mahendra Choudhary, learned counsel for the applicant.
Shri Naval Kishore Gupta, learned Panel Lawyer for the
respondent-State.
Shri Rajesh Shukla, learned counsel for the complainant. Heard on IA No. 3182/2019, an application under Section 301(2) of the Cr.P.C for assisting the Government Advocate.
For the reasons stated in the application, the same is allowed and Shri Rajesh Kumar Shukla, learned counsel and his associates is permitted to assist the prosecution.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first bail application under section 439 of the Cr.P.C for grant of bail.
The applicant has been arrested by Police Station Maharajpura District Gwalior (M.P.) in connection with Crime No. 42/2019 registered in relation to the offences punishable under sections 498-A, 304-B and 34 of the IPC.
Allegation against the applicant in short are that applicant alongwith other co-accused persons was involved in subjecting the THE HIGH COURT OF MADHYA PRADESH 2 MCRC 17275/2019 (Ramsiya Sharma Vs The State of M.P.) deceased to cruelty and harassment due to non satisfaction of demand of dowry and ultimately on 23/01/2019 dead body of the deceased was found hanging in her matrimonial home under suspicious circumstances within seven years of her marriage. On he aforesaid basis, crime has been regitered.
Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 22/04/2019 and he is a government servant. No specific allegation has been levelled against the applicant and he is ready to cooperate in the trial. It is further submitted that he is ready to abide the terms and conditions as imposed by this Court, if he is released on bail. It is further submitted that trial will take time and early conclusion of trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.
On the other hand, learned Public Prosecutor opposed the application and prayed for its rejection and submits that marriage took place in the year 2016 and within three years of marriage she committed suicide since the applicant alongwith other co-accused THE HIGH COURT OF MADHYA PRADESH 3 MCRC 17275/2019 (Ramsiya Sharma Vs The State of M.P.) was demanding Rs. Two Lac in cash as well as four wheeler and used to harass the applicant for non satisfaction of demand of dowry. In the statement of father of the deceased, specific allegation and evidence is reflected soon before her death. The husband as well as mother in law of the deceased are absconding even today. The applicant is working in the Police Department and there is every possibility of tampering with the prosecution evidence. It is further submitted that investigation is pending and custodial interrogation may be required in the matter.
On considering the submissions made by the learned counsel for the rival parties and looking to the facts and circumstances of the case and gravity of offence as well as period of custody and role played by the applicant, this is not a fit case in which bail may be granted to the applicant. Accordingly, the first bail application preferred by the applicant stands rejected.
A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.
(S.A.Dharmadhikari) JUDGE Prachi PRACHI MISHRA 2019.05.01 16:43:43 +05'30'