Madhya Pradesh High Court
Tarun @ Kishan vs The State Of Madhya Pradesh on 9 December, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 M.Cr.C.No.60229/2021
(Tarun @ Kishan Vs. State of M.P.)
Indore : Dated 9.12.2021
Shri Avinash Yadav, learned counsel for the applicant.
Shri Viraj Godha, learned Panel Lawyer for the respondent/State.
Applicant's first, second and third applications filed under Section 439 of Cr.P.C. were dismissed as withdrawn vide order dated 30.4.2021, 7.7.2021 and 24.9.2021 passed by this Court in M.Cr.C.Nos.10990/2021, 32020/2021 and 47324/2021 respectively.
This is fourth application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.493/2020, registered at Police Station, Gogawa, District Khargone (M.P.) for commission of offence punishable under Section 306 of IPC.
Prosecution story, in brief, is that applicant and deceased Shivani both were resident of the same village. Applicant wanted to marry with the deceased, while deceased's marriage was earlier fixed with Yogesh S/o Sunderlal and thereafter with Vishal S/o Shyam Yadav. Applicant with an intent to break her marriage misguided Yogesh, due to which deceased's marriage with him could not be materialized. Applicant thereafter started compelling the deceased to break her second engagement with Vishal. On the date of incident at about 2.13 hours he sent a photo through Whatsapp posing himself that he was going to commit suicide and thereby harassed her physically and mentally, due to which deceased just after receiving his message at about 2.20 hours committed suicide by hanging.
Learned counsel for the applicants submits that applicant and deceased were having love affair and wanted to marry each other, but her parents were not ready and pressurizing deceased to marry some where else, due to which she committed suicide. Applicant has falsely been implicated in the matter. He is in custody for a very long period. Statements of deceased's father and mother have been recorded. Digital 2 M.Cr.C.No.60229/2021 (Tarun @ Kishan Vs. State of M.P.) forensic report has been received, which is in favour of the applicant. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State has opposed the application and submits that prosecution witnesses have supported the prosecution story. The trial is going on. There is no change in circumstances, therefore, considering the nature of allegations alleged against the applicant, he is not entitled for bail.
Having considered the rival submissions, nature of allegations made against the applicant, material/evidence produced on record in this regard and also considering totality of the facts and circumstances of the case the applicant does not deserve to be enlarged on bail. Accordingly, the bail application is dismissed.
(Satyendra Kumar Singh) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.12.09 18:35:37 +05'30'