Madhya Pradesh High Court
Deepak Kumar Sharma vs The State Of Madhya Pradesh on 11 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:6583
1 MCRC-1691-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 11th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 1691 of 2025
DEEPAK KUMAR SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sankalp Kochar - Advocate for the applicant.
Shri Sachindra Raghuvanshi - Panel Lawyer for State.
Shri Vinay Singh Baghel - Advocate for respondent No.2/objector.
ORDER
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.286/2024 registered at Police Station - Baidhan, District Singrauli (M.P.) for the offence punishable under Section 304-B, 498-A, 34 of IPC and 3/4 of Dowry Prohibition Act. Applicant is in custody since 23.02.2024.
2. As per the prosecution story, it is alleged that applicant and co-
accused persons were harassing deceased physically and mentally for demand of dowry due to which deceased committed suicide by hanging herself, therefore, aforesaid offence has been registered against the applicant and co-accused persons.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the matter. The deceased had Signature Not Verified Signed by: SHAHINA KHAN Signing time: 13-02-2025 12:51:15 NEUTRAL CITATION NO. 2025:MPHC-JBP:6583 2 MCRC-1691-2025 illicit relations with one Bibhuti Narain @ Neeraj Pandey. The parents of deceased have performed marriage of deceased with applicant against the will of deceased and even after marriage, the deceased was in contact with her lover Bibhuti Narain @ Neeraj Pandey. In this regard, he has drawn the attention of this Court on Whatsapp chat (Annexure A/7). The father of deceased has also lodged report against Bibhuti Narain @ Neeraj Pandey because he used to harass and torture the deceased. It is further submitted that deceased has also written to her husband in which she has disclosed her affair with Bibhuti Narain @ Neeraj Pandey and in that letter, no allegation regarding demand of dowry has been mentioned. He has also drawn the attention of this Court to CD transcript between deceased and applicant and has submitted that even in this recording, demand of dowry is not mentioned.
It is further submitted that there is no role of the applicant in the alleged offence. Co-accused Shakuntala Sharma and Radheshyam Sharma have been enlarged on bail by the Hon'ble Apex Court vide order dated 21.11.2024 passed in Special Leave To Appeal (Crl.) No.11917/2024. Charge sheet has been filed. He has no criminal record. Applicant is government employee and he is in custody since one year i.e. from 23.02.2024. The trial of the case will take considerable long time. Therefore, it has been prayed that the applicant may be released on bail.
4. On the other hand, learned counsel for State has submitted that case of co-accused Shakuntala Sharma and Radheshyam Sharma is different from the applicant because they are the mother-in-law and father-in-law of the deceased whereas applicant is the husband of the deceased and specific Signature Not Verified Signed by: SHAHINA KHAN Signing time: 13-02-2025 12:51:15 NEUTRAL CITATION NO. 2025:MPHC-JBP:6583 3 MCRC-1691-2025 allegations have been levelled against him that he used to beat the deceased almost daily. It is further submitted that even transcription reveals that applicant has threatened the deceased. Deceased was harassed by the present applicant physically and mentally therefore, she has committed suicide within one year of the marriage.
5. Heard learned counsel for rival parties and perused the case.
6. Looking to aforesaid facts and circumstances as well as allegation and material available against the applicant and seriousness of the offence, I am not inclined to grant bail to the applicant.
7. Accordingly, present MCRC stands dismissed.
(PRAMOD KUMAR AGRAWAL) JUDGE shahina Signature Not Verified Signed by: SHAHINA KHAN Signing time: 13-02-2025 12:51:15