IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 3^rd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 33199 of 2022 Between:-

RAJNEESH TIWARI S/O SHRI BUDDHILAL TIWARI, AGED ABOUT 32 YEARS, OCCUPATION: PUBLIC SERVENT CIVIL LINES, DISTRICT- SATNA, M.P. PERMANENT R/O VILLAGE BARAHUA POLICE STATION- PANWAR, DISTRICT- REWA, (MADHYA PRADESH)

.....APPLICANT (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI ARUNODAYA SINGH - ADVOCATE)

AND STATE OF M.P. THROUGH THE STATION HOUSE OFFICER POLICE STATION CIVIL LINES DISTRICT- SATNA, (MADHYA PRADESH)

.....RESPONDENT (BY SHRI MANU V.JOHAN - PANEL LAWYER )

This application coming on for admission this day, the court passed the following:

ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

Counsel appearing for the complainant has filed objections against the application but in absence of any application under Section 301 of the Cr.P.C. seeking permission to assist the Panel Lawyer, he cannot be permitted to argue the matter.

The applicant has been arrested on 12.05.2022 in connection with Crime Signature Not Verified Signed by: SHALINI No.236/2022 by Police Station Civil Lines, District Satna (M.P.) for the offence punishable under Sections 498A, 304B and 34 of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

It is pointed out that the applicant has falsely been implicated in the case and he has not committed any offence in any manner. There are no specific allegation of demand of dowry or cruelty soon before the death of the deceased. In the statements of witnesses recorded under Section 161 of the Cr.P.C. the owner of the property wherein, the applicant as well as the employer of the deceased are residing, it is clear that applicant as well as the deceased were living happily and there were no altercations or complaints among themselves. On the contrary, a journalist was traveling her by filing application and asking her for various information that has been the main cause of committing suicide. The suicide note has never been recovered by the prosecution. On the contrary a message in the form of a suicide note on Whatsapp has been recovered and considered as a material against the present applicant. It is submitted that charge-sheet has been filed in the matter and there is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

Per contra, counsel appearing for the State has vehemently opposed the bail application and contended that he is the husband of the deceased and there are specific allegations against the present applicant regarding demand of dowry and cruelty by the family members of the deceased. Marriage has taken place in the month of November 2017 and within 7 years of marriage, the incident has taken place and she has committed suicide. The suicide note has been Signature Not Verified Signed by: SHALINI destroyed by the applicant but the copy has been recovered from the mobile which has been seized by the prosecution and from that mobile phone the suicide note was recovered by the police authorities, wherein there are specific allegations against the present applicant. Applicant being the husband of the deceased is having the utmost responsibility towards his wife. The statements of the owner and the employer do not disclose this fact that there were certain complaints between them and the regular demand of dowry has been made.

Under these circumstances, he has prayed for dismissal of the bail application.

Considering the over all facts and circumstances of the case, this Court is not inclined to allow this application.

Application is hereby rejected (VISHAL MISHRA)

JUDGE Sha Signature Not Verified Signed by: SHALINI