Madhya Pradesh High Court
Raniya Sahu vs The State Of Madhya Pradesh on 27 August, 2019
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 15950/2019
(Raniya Sahu Vs. The State of M.P.)
1
Jabalpur, Dated: 27.08.2019
Mr. Ranveer Singh Parihar, learned counsel for the applicant.
Mr. Ashok Singh, learned Panel Lawyer for the
respondent/State.
Heard on this fourth bail application under Section 439 of Cr.P.C. filed on behalf of the applicant in connection with Crime No.409/2018 registered at Police Station Sarai, District Singrouli for offences punishable under Sections 305 of the IPC.
The case of the prosecution against the applicant is that prosecutrix was having some love affair with the son of the applicant. The applicant does not like that affair. She occasionally rebuked the prosecutrix and also uttered filthy words with an intention to insult her modesty and disturbed the privacy of the prosecutrix. On 12.08.2018, in the evening, she used filthy and derogatory words (Randi, vaishya etc.) against the prosecutrix. She stated prosecutrix that she will not let her marry with her son. The prosecutrix got annoyed and depressed with the act of the applicant because she publically derogating the modesty and privacy of the prosecutrix. As a result of which, prosecutrix has committed suicide by hanging herself. On that basis, offence has been registered against the applicant under aforementioned Sections.
Learned counsel for the applicant submits that prosecution has already examined six witnesses. No one has stated against the applicant. The applicant has not committed any offence. He has falsely been implicated in this matter. It is further submitted that the applicant is in judicial custody since 20.10.2018 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.
Perused the statements of PW-1, PW-2 and PW-3. Witnesses have categorically stated in their statement that applicant told the prosecutrix that she is entangled with her son. She is Vaishya, she is THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15950/2019 (Raniya Sahu Vs. The State of M.P.) 2 black. She consumes the earning of her son. On the next date prosecutrix has committed suicide.
Learned counsel for the applicant drew the attention of this Court that there are so many contradictions and omissions have been found in the statement of the witnesses. No case is made out against the applicant.
This Court is of the view that at the stage of deciding the application under Section 439 of Cr.P.C., this Court is not inclined to discuss the evidence of witnesses on merits whether this case made out against the applicant or not. Evidence of the witnesses would be evaluated at the time of final hearing of the trial, but there is prima-facie material available against the applicant.
Keeping in view the facts and circumstances of the case, particularly, looking to the gravity of offence, in the opinion of this Court, it is not a fit case for grant of bail.
Consequently, this application for grant of bail under Section 439 of Cr.P.C. filed on behalf of the applicant Raniya Sahu, deserves to be and is accordingly dismissed.
(Vishnu Pratap Singh Chauhan) Judge pnm Digitally signed by POONAM LONDHE Date: 2019.08.28 16:32:40 +05'30'