Madhya Pradesh High Court
Mohd. Javed vs The State Of Madhya Pradesh on 18 March, 2019
1 MCRC-10143-2019
The High Court Of Madhya Pradesh
MCRC-10143-2019
(MOHD. JAVED Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 18-03-2019
Mr. Sankalp Kochar, learned counsel for the applicant.
Mr. Rizwan Khan, Govt. Advocate for the respondent/State.
Heard. Perused the case diary.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.445/2018 registered at Police Station Rehli District Sagar for the offence punishable under Section 306 read with 34 of the Indian Penal Code.
As per the prosecution case, the applicant is the husband of Aasiya (since deceased). The allegations against the applicant, in substance, are that on 29.04.2018, the deceased had consumed some poisonous substance as a result of which she died. Consequently, Merg information was received by the police which was accordingly registered and investigation was initiated by the police. It is alleged that the applicant and the other co-accused had subjected Aasiya to cruelty and harassment to such an extent that she was left with no other option except to commit suicide by consuming poisonous substance. Accordingly, FIR has been registered against the present applicant and other co-accused.
Learned counsel for the applicant submits that he is innocent and has been falsely implicated in the case. He is in custody since 20.02.2019. Charge sheet has already been filed. According to him, there is inordinate delay of 5 months in lodging the FIR and the statements of the witnesses have been recorded thereafter. Allegations against the applicant do not fall within the purview of section 107 of IPC and, therefore, no offence under Section 306 of IPC is made out against the applicant. It has also been contended that though a case under Section 498-A IPC was registered against the applicant and the other co-accused persons, learned trial Court has acquitted them from the offence. The applicant has no criminal antecedents. There is no Digitally signed by VINOD VISHWAKARMA Date: 19/03/2019 04:32:31 2 MCRC-10143-2019 suicide note left behind by the deceased. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on bail.
Per contra, learned Government Advocate opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application. Attention has also been invited to the statements recorded under Section 161 of Cr.P.C. of the parents of the deceased which are implicative in nature regarding offence under Section 306 of IPC. The applicant has been able to remain out of clutches of law for a considerable period of time as his anticipatory bail application has already been dismissed vide order dated 18.01.2019 passed in M.Cr.C. No.47290/2018.
Taking into consideration the nature of allegations levelled against the applicant and the entire facts and circumstances of the case including the gravity of the offence along with the previous report of harassment by the deceased against the applicant and others and the statements of father, mother and son of the deceased recorded during merg enquiry, this Court is of the view that the applicant does not deserve to be enlarged on bail.
Hence, this application filed u/s 439 CrPC is hereby dismissed.
(AKHIL KUMAR SRIVASTAVA) JUDGE vinod Digitally signed by VINOD VISHWAKARMA Date: 19/03/2019 04:32:31