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MADHYA PRADESH HIGH COURT
Mohd Fahim Anwar, J.
Dinesh - Appellant
Versus
State Of M.P. - Respondent
Miscellaneous Criminal Case No. 25539 of 2020
Decided On : 08-10-2020
Bail - Section 306 of I.P.C. - The court dismissed the bail application of the applicant who was accused of abetting the suicide of his wife within one year of their marriage due to alleged torture and ill-treatment.
Fact of the Case:
The applicant filed for bail under Section 439 of the Code of Criminal Procedure in connection with a case registered for the offence under Section 306 of I.P.C. The prosecution alleged that the applicant tortured and ill-treated his wife, leading her to commit suicide within one year of their marriage.
Finding of the Court:
The court found that the allegations against the applicant regarding his behavior towards the deceased were serious and that it was not a fit case for granting bail at that stage.
Issues: The main issue was whether the applicant should be granted bail in connection with the offence under Section 306 of I.P.C.
Ratio Decidendi: The court considered the overall facts and circumstances of the case and concluded that it was not a fit case for granting bail to the applicant.
Final Decision: The court dismissed the bail application of the applicant.
JUDGMENT
Mohd Fahim Anwar, J. - The case diary is available with the learned Panel Lawyer.
2. This is first application under Section 439 of the Code of Criminal Procedure filed by the applicant for grant of bail in connection with Crime No.336/2020, registered at Police Station Pandhana, District Khandwa, for the offence under Section 306 of I.P.C.
3. Allegation of the prosecution is that within one year of marriage of deceased Rani, she committed suicide by consuming poisonous substance in her matrimonial house. During the course of marg inquiry, statements of her parents were recorded. On that basis, it was found that the applicant, who is the husband of deceased used to torture and ill-treat the deceased by suspecting her character. It is also alleged that the deceased had narrated regarding the behoviour of applicant to her family members. They had complained regarding the misbehaviour of applicant to his brother and other family members, but no improvement has come in the behaviour of applicant. It is alleged that because of said torture, on the date of incident i.e.26.6.2020 deceased had consumed poisonous substance and committed suicide. On that basis, crime under aforementioned offence has been registered against the applicant.
4. Learned counsel for the applicant has submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. The applicant is in judicial custody since 7.7.2020. The applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. Contending aforesaid, it is prayed that the applicant may be enlarged on bail.
5. Learned Panel Lawyer for the respondent/State on the other hand has vehemently opposed the bail application.
6. Deceased Rani has died within one year of her marriage in her matrimonial house. There are allegations to show that the applicant has behaved with the deceased in bad manner, due to which she was abetted to commit suicide.
7. Looking to the overall facts and circumstances of the case, at this stage, I do not consider it a fit case for grant of bail to the applicant.
8. Consequently, this M.Cr.C., is dismissed.
9. C.C., as per rules.
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