IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY ON THE 7^th OF MARCH, 2022 MISC. CRIMINAL CASE No. 10644 of 2022 Between:-

JITENDRA @ CHHOTU S/O LATE HARIRAM AHIRWAR, AGED ABOUT 25 YEARS, OCCUPATION: LABOUR R/O VILLAGE LUHARI, P.S.NARIYAWALI, DIST. SAGAR (MADHYA PRADESH)

.....APPLICANT (BY SHRI K.S. RAJPUT, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION NARIYAWALI DISTRICT SAGAR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SUNIL GUPTA, PANEL LAWYER)

This M.Cr.C. coming on for admission this day, the court passed the following:

ORDER

Case diary perused.

This is the Third application under Section 439 of the Cr.P.C. for grant of bail. Applicant Jitendra @ Chhotu was arrested on 24/08/2020 in connection with Crime No.158/2020 registered at Police Station Nariyawali, District Sagar (M.P.) for the offence punishable under Sections 304-B, 498-A, 201 of the IPC and Section 3/4 of the Dowry Prohibition Act.

The first bail application filed by applicant was dismissed as withdrawn by this Court vide order dated 07/06/2021 passed in M.Cr.C.No.15592/2021. Second bail application of the applicant was dismissed on merits vide order dated

21.12.2021 passed in M.Cr.C.No.37921/2021.

As per prosecution case, on 22/08/2020 applicant lodged a report at Police Station Nariyawali, District Sagar averring that at around 09:00 P.M. when he returned to his house, her wife deceased Krantibai informed him that Naval Ahirwal Signature Not Verified made her drink liquor. Thereafter, applicant and deceased Krantibai had dinner and Digitally signed by RANJEET AHIRWAL went to sleep. At around 11:00 P.M. the health condition of his wife became worst.

On that he took her to District Hospital, Nariyawali, where Doctor declared her dead. On that Police registered inquest No.30/2020 under Section 174 of the Cr.P.C. and investigated the matter. During investigation it was found that applicant, who was husband of deceased demanded dowry and used to harass deceased and on the date of incident also applicant assaulted deceased, due to which she sustained injuries and died. On that Police registered Crime No.158/2020 for the offence punishable under Sections 304-B, 498-A of the IPC and Section 3/4 of the Dowry Prohibition Act against the applicant and arrested him on

24/08/2020.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The statement of Prakash (PW-1), Lakhan (PW-2), Prasadi (PW-3) and Haribai (PW-4) have been recorded by the trial Court. They did not support the prosecution story regarding involvement of the applicant in the crime. The applicant has been in custody since 24/08/2020. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer.

Earlier bail application of the applicant was dismissed on merit vide order dated 21.12.2021 passed in M.Cr.C.No.37921/2021, thereafter, there has been no change in the circumstances. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence.

In the postmortem report of deceased Krantibai it is mentioned that many injuries were found on her dead body and lever was also found ruptured. Prakash (PW-1) in his examination-in-chief clearly deposed that applicant demanded motorcycle and used to harass the deceased and also assaulted her after drinking liquor. At this stage, this Court is not inclined to ascertain the veracity of statements of prosecution witnesses by evaluating their statements on merits. So, looking to the facts and circumstances of the case and the allegation against the Signature Not Verified SAN applicant this Court is not inclined to grant bail to the applicant.

Accordingly