Madhya Pradesh High Court
Chhotu @ Ashok vs The State Of Madhya Pradesh on 2 December, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48381/2019
(Chhotu @ Ashok vs. State of M.P.)
Gwalior, Dated : 02.12.2019
Shri Ankur Maheshwari, counsel for the applicant.
Shri R.S. Bansal, Public Prosecutor for the respondent/State.
Shri Vibor Kumar Sahu, counsel for the complainant. Heard on I.A. No.9551/2019, which is an application under Section 301(2) of Cr.P.C. for permitting the learned counsel for the complainant to assist the Public Prosecutor.
For the reasons mentioned in the application, the application is allowed and the counsel for the complainant is permitted to assist the State counsel.
Case Diary is available.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested by Police Station Kailaras, District Morena, in connection with Crime No.606/2019 registered in relation to the offence punishable under Sections 304-B, 498 A, 34 of IPC, 3/4 of Dowry Prohibition Act.
It is alleged by the counsel for the applicant that he is a husband and he has been falsely implicated in the case. There is no specific allegation of inflicting injury to the deceased. He has drawn attention of this Court to the earlier proceedings of mediation which has taken place wherein the father of the deceased has specifically stated that the deceased was not well and she was having tumor in her stomach. She was taken for medical treatment which continued for long. Drawing 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48381/2019 (Chhotu @ Ashok vs. State of M.P.) attention of this Court to the mediation report he has further argued that the condition of the deceased at the time of mediation was not good and she was required urgent treatment, therefore, she was taken by her father for medical treatment. It is alleged that the marriage has taken place on 6.2.2018 and thereafter owing to a false complaint of harassment being caused a complaint was registered which is amicably settled in the mediation proceedings. There was no allegation with respect to hitting against the present applicant which has resulted into injury to her and which was fatal and has finally resulted into her death. He is in custody since 7.11.2019 and has prayed for grant of bail.
Per contra, counsel for the State as well as counsel appearing for the complainant have opposed the bail application and have stated that since from the date of marriage the applicant used to harass his wife. It is not disputed that she was not well but there is specific allegation of kicking the deceased in the stomach by the present applicant which has resulted into deterioration of her illness. Trilok Jatav who is father of the deceased in his statement has specifically stated that on 18.06.2019 the husband came to his house and has left his wife at his father's place and on that day she has stated that a day before her husband has beaten her and has inflicted injury on her stomach. Immediately, thereafter she was taken to hospital but after giving her some treatment she could not survive and finally she passed away. Earlier the matter was taken up in the mediation proceedings goes to show that there was some dispute and there are specific allegations of harassment and demand of dowry 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48381/2019 (Chhotu @ Ashok vs. State of M.P.) against the present applicant. He being the husband is having the utmost responsibility towards his wife. Considering the aforesaid, this Court does not deem it appropriate to allow this application. Accordingly, the application is rejected.
However, liberty is extended to the applicant to repeat the same after recording the statement of material witnesses.
(Vishal Mishra) Judge van SMT VANDANA VERMA 2019.12.04 17:32:26 +05'00'