ORDER

Heard on I.A.No.30165 of 2023 - an application for taking documents on record.

For the reasons mentioned in the application, the same is allowed.

Documents are taken on record.

This is the third repeat bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first and second bail applications being M.Cr.C.No.33199 of 2022 and M.Cr.C.No.24523 of 2023 have been dismissed on merits vide orders dated 03.09.2022 and 28.07.2023 respectively. The applicant is in custody since 12.05.2022 in connection with Crime No.236/2022 registered at Police Station Civil Lines, Satna District Satna (M.P.) for the offence punishable under Sections 498A, 304B and 306/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

This repeat application has been filed on the ground that subsequent to rejection of the application, the statements of the family members of the deceased have been recorded and they have not alleged anything against the present applicant. The other co-accused has already been enlarged on bail by this court vide order dated 05.05.2022 passed in M.Cr.C.No.21385 of 2022. The case of the present applicant is identical to that of the other co-accused.

The other ground which has been taken by the counsel for the applicant is that the applicant is in custody since 12.05.2022. The witnesses are not turning up for their deposition before the trial court. The trial will take considerable time. Under these circumstances, he has prayed for grant of bail.

Per contra, counsel appearing for the State has vehemently opposed the contentions pointing out earlier two bail applications have already been rejected on merits. Merely the fact that the statements of the material witnesses have been recorded cannot be a ground to enlarge the applicant on bail in the circumstance when the applicant being the husband of the deceased. He has further taken attention of this court to the earlier dismissal order of the applicant wherein this court has observed the factum of demand of dowry and cruelty being reflected from the statements of the family members of the deceased.

Marriage took place in November, 2017 and within seven years of marriage the death has taken place. There is a recovery of suicide note from the mobile phone of the deceased which on being sent for FSL examination has proved the same. If the suicide note recovered from the mobile phone is seen then also there is no allegation against the applicant but the fact remains that the harassment being caused to the deceased can be gathered from the language which has been used in the suicide note. The FSL report to the aforesaid is positive. Under these circumstances, no case for grant of bail is made out. Considering the over all facts and circumstances of the case and the fact that the applicant being the husband of the deceased having upmost responsibility towards his wife and he has to explain that under what circumstances the death has taken place. Under these circumstances, this Court is not inclined to allow this application.

Application is hereby rejected.

(VISHAL MISHRA) JUDGE SSL