IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV JUDGEMENT DATED 15^th NOVEMBER, 2022 M.Cr. C. NO. 47531 /2022 Between:-

AMIT YADAV S/O SHRI RAJVEER YADAV, AGED ABOUT 20 YEARS, GRAM AMBAH THANA INDAR, DIST. SHIVPURI (MADHYA PRADESH)

.....PETITIONER (BY SHRI A.S. CHOUHAN - ADVOCATE )

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION POLICE THANA INDAR, DIST. SHIVPURI (MADHYA PRADESH)

..... RESPONDENT (RESPONDENT/STATE BY MR. NITIN GOYAL – PANEL LAWYER) (COMPLAINANT BY MR. AKHAND PRATAP SINGH - ADVOCATE)

This bail application coming on for hearing this day, the court passed the following:-

O R D E R

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Indar, District Shivpuri in connection with crime No. 176/2022 registered for the offence punishable under Section 304-B, 498-A, 34 of IPC and section 3/ 4 of Dowry Prohibition Act.

Allegations against the applicant/accused, in short, are that he harassed the deceased Manisha for demand of dowry and Manisha died in the intervening night between 9-10/08/2022 in the suspecious circumstances within seven years of her marriage.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that the applicant is brother-in-law of the deceased Manisha and is living separately from the deceased and her husband and there was no direct or indirect connection in the day to day affairs of the deceased and her husband. He further argued that there is no evidence against the present applicant in respect to the harassment for demand of dowry. The applicant is in custody since 20/08/2022. Investigation is nearing completion and further custodial intterogation of the applicant may not be required. The applicant is permanent resident of District Shivpuri. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and argued that in the post mortem report ante mortem injuries were found on the body of the deceased. Specific allegations have been levelled against the applicant in respect to the demand of dowry. The deceased died within seven years of her marriage. The medical evidence and the statements of the witnesses corroborate the incident of killing the deceased for dowry demand. It is further submitted by learned counsel for the State that such type of crimes are increasing very rapidly now a days and, therefore, looking to the gravity of the offence, he prays that bail may not be granted to the present applicant.

Heard learned counsel for the rival parties and perused the case diary available on record.

On considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, particularly the nature of allegation, I am of the opinion that this is not a fit case, in which bail may be granted to the present applicant Amit Yadav. Accordingly, application of the present applicant under Section 439 Cr.P.C. relating to the aforesaid crime is hereby dismissed.

Certified copy as per rules.

(SUNITA YADAV)

JUDGE Durgekar*