Madhya Pradesh High Court
Ramsiya Sharma vs The State Of Madhya Pradesh on 1 June, 2020
Equivalent citations: AIRONLINE 2020 MP 1260
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No. 48024/2019
(Ramsiya Sharma Vs The State of M.P. )
Gwalior, Dated : 01/06/2020
Shri Anil Kumar Mishra, learned counsel for the applicant.
Shri Manish Nayak, learned Panel Lawyer for the
respondent-State.
Shri Anand Purohit, learned counsel for the complainant. Heard on IA No. 9455/2019, an application under Section 301(2) of the Cr.P.C.
For the reasons stated in the application, the same is allowed and learned counsel for the complainant is permitted to assist the prosecution.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this Third bail application under section 439 of the Cr.P.C. for grant of bail. Earlier first and second bail applications were dismissed on merit vide orders dated 30/04/2019 & 20/08/2019 passed in M.Cr.C. No. 17275/2019 and M.Cr.C. No. 31522/2019.
The applicant has been arrested by Police Station Maharajpura District Gwalior (M.P.) in connection with Crime No. 42/2019 registered in relation to the offences punishable under sections 498-A, 304-B and 34 of the IPC.
Allegation against the applicant in short are that applicant alongwith other co-accused persons was involved in subjecting the deceased to cruelty and harassment due to non satisfaction of THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No. 48024/2019 (Ramsiya Sharma Vs The State of M.P. ) demand of dowry and ultimately on 23/01/2019 dead body of the deceased was found hanging in her matrimonial home under suspicious circumstances within seven years of her marriage. On he aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 22/04/2019. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. Applicant is a Government servant working in GRP. No specific allegation has been levelled against the applicant and he is ready to cooperate in the trial. He is father-in-law of the deceased. After rejection of the earlier bail application on merit, no witnesses have been examined till date. It is further submitted that deceased committed suicide on her own and the applicant has no role to play. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. He is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No. 48024/2019 (Ramsiya Sharma Vs The State of M.P. ) of his absconsion, if released on bail. On these grounds, he may be released on bail On the other hand, learned counsel for the State as well as learned counsel for the complainant opposed the application. It is submitted that marriage took place in the year 2016 and within three years of the marriage, the deceased committed suicide. The applicant along with co-accused were demanding Rs. 2 Lakhs cash and a four wheeler vehicle and used to harass and beat the deceased for non-satisfaction of demand of dowry. The deceased in her statement has made specific allegation against the applicant which reflects evidence of soon before her death. The mother in law of the deceased is still absconding. Earlier mother in law of the deceased was granted anticipatory bail by this Court. Thereafter, the prosecution had filed an application for cancellation of bail on various grounds. This Court after due consideration, had rejected the anticipatory bail and imposed cost of Rs. 25,000/- against mother in law of the deceased for misusing the process of this Court. So far as delay in trial is concerned, the applicant himself on various occasions has sought THE HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No. 48024/2019 (Ramsiya Sharma Vs The State of M.P. ) adjournment of the case before the trial court, therefore, same cannot be countenanced. Moreover, the applicant is working in police department, therefore, there is every possibility of influencing or tampering with the prosecution evidence. It is further submitted that unless and until, the mother in law of the deceased is arrested, the bail application of the present applicant deserves to be dismissed.
On considering the submissions made by learned counsel for the parties and looking to the facts and circumstances particularly the nature of allegations, gravity of offence and role played by the applicant and the fact that n o new ground or change in circumstance could be shown by the applicant so that the view taken while rejecting the earlier bail applications may be changed. In view of above, this is not a fit case, in which bail may be granted to the present applicant.
Accordingly the Third bail application of the applicant under Section 439 of Cr.P.C. relating to the aforesaid crime is hereby dismissed.
(S.A.Dharmadhikari) JUDGE Durgekar* SANJAY N DURGEKAR 2020.06.01 20:20:17 +05'30'