IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 16^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 45363 of 2022 BETWEEN:-

BAVAN S/O BHERU SINGH JHALA, AGED ABOUT 24 YEARS, OCCUPATION: LABOUR VILLAGE NARIYAKHEDA TEHSIL AND DISTRICT DEWAS (MADHYA PRADESH)

.....PETITIONER (BY MR GIRISH KUMAR UKHALE-ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION OFFICER BAROTH DISTRICT DEWAS (MADHYA PRADESH)

.....RESPONDENTS ( BY MR CHETAN JAIN-PANEL LAWYER)

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

ORDER

1. This is second application under Section 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.109/2022 registered at Police Station Baroth, District Dewas (MP) for offence punishable under Section 323, 324, 325, 326, 498(a), 34 of IPC, 504 and 506 of IPC. The applicant is in custody since 23.03.2022.

2. First application bearing M.Cr.C. No.19169/2022 was dismissed as withdrawn by order dated 09.06.2022 after being argued for a while.

Signature Not Verified

3. As per the prosecution, a report was lodged by the complainant Signed by: RASHMI PRASHANT accompanied by her parents and brother to the effect that she had been married to the applicant about three years ago from whom she has a two year old daughter. After birth of her child her in-laws and her husband used to beat her and used to taunt her as to why she has given birth to a daughter. They used to harass her physically as well as mentally on that count. About 15 days ago they had left her to her parent's house and she had been sent back to her matrimonial house by them. Thereafter the behavior of her husband and others became extremely cruel towards her. They stopped her from talking to anyone or leaving the house. On 16.03.2022 she lodged a report against her husband and in-laws whereupon her husband, the applicant, at about 10:00 PM tied her to a bed with rope and beat her with a lathi resulting in injuries on her hand, legs and back. He then brought a hot iron rod and caused injuries on her legs and hands resulting in grievous injury to her which started bleeding. Thereafter the other family members of the applicant also beat her with hands and fists. On the basis of the report lodged by the complainant the applicant has been implicated and arrested for the present offence.

4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. The medical examination of the complainant was conducted on 18.03.2022 in which the doctor had opined that the injuries suffered by the complainant are 15 days old. If the alleged incident had taken place on 16.03.2022 there was no occasion for the doctor to have mentioned the said fact. It is a case of false implication as the complainant has been engaged in an extra marital affair. The applicant and his family members have been roped in the matter due to political pressure. The complainant despite alleging serious injuries to her was never hospitalized. The Signature Not Verified Signed by: RASHaMpIplicant is in custody since 23.03.2022 and the trial is likely to take a long time PRASHANT for its conclusion. On such grounds prayer for grant of bail to the applicant has been made.

5. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to be released on bail.

6. I have heard the learned counsel for the parties and have perused the case diary.

7. The complainant in the FIR as well as in her statement under Section

161 of the Cr.P.C. has categorically narrated in detail the incidences which had been taking place since about 15 days prior to the date on which she was assaulted and has also categorically stated that on 16.03.2022 the applicant tied her to a bed with a rope and beat her with a lathi and also caused injuries to her on her hands and legs with a hot iron rod