Madhya Pradesh High Court
Balveer Yadav vs The State Of Madhya Pradesh on 23 September, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH
MCRC No.33804/2020
Balveer Yadav vs. State of M.P.
Gwalior, Dated : 23/09/2020
Shri Sushil Goswami, Counsel for the applicant.
Shri Anoop Nigam, Panel Lawyer for the respondent/State.
Shri D.S. Chauhan, Counsel for the complainant. Heard through video conferencing.
Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 22.7.2020 in connection with Crime No.72/2020 registered at Police Station Bamorkala, District Shivpuri for offence under Sections 304-B, 201, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
It is submitted by the counsel for the applicant that the applicant is the father-in-law of the deceased. The deceased was married in the year 2015 and she died natural death on 3.4.2020 and the cremation was done in the presence of the parents of the deceased. A written complaint was lodged on 1.5.2020 and the allegation of demand of Rs.10,00,000/- or four wheeler vehicle is false.
Per contra, the application is opposed by the counsel for the State as well as the complainant. It is submitted by the counsel for the State that that it is incorrect to say that the cremation was done in the 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.33804/2020 Balveer Yadav vs. State of M.P. presence of the parents of the deceased. In fact when the parents of the deceased reached the matrimonial house of the deceased, then they found that the dead body was already burning. It is further submitted that since the father of the deceased had got compensation in lieu of the land which was acquired, therefore, they were demanding Rs.10,000,00/-, so that they can purchase four wheeler vehicle. It is further submitted by the counsel for the State that the deceased has been survived by her three years old daughter and three months old son.
Heard the learned counsel for the parties. Considering the nature of the allegations as well as the fact that it is alleged that the cremation was done without waiting for the parents of the deceased to arrive and without getting the postmortem done and as the death occurred in a suspicious circumstances within a period of seven years from the date of marriage, no case is made out for grant of bail.
The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge (alok) ALOK KUMAR 2020.09.24 12:55:37 +05'30'