IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 16 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 45172 of 2025 DEEPAK Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Virendra Sharma - Senior Advocate with Shri Satish Yadav -

Advocate for the applicant.

Shri Tarun Pagare - Govt. Advocate for the respondent/State.

ORDER This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 208/2025 registered at Police Station Makdon, District Ujjain(M.P.) for offence punishable under Sections 80 and 3(5) of BNS, 2023. Applicant is in judicial custody since 20.05.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant , in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence for the reason that applicant Deepak is the husband of the deceased. He has been implicated in the alleged offence out of anger and dismay over untimely death of Puja Vishwakarma. Initially, there was no allegation against the applicant even in the dying declaration of Puja. The relatives of Puja were present at Hospital and also at the time when dead body panchnama was prepared and final rites were performed, they did not allege any misconduct against the applicant. A month later, family members of the deceased made general and omnibus allegations against the applicant with regard to demand of motorcycle and harassment over inadequate dowry. The applicant has not committed the alleged offence. The final report has been submitted. There is no likelihood of tampering with the evidence by the applicant. Co-accused Omprakash - father-in-law and Nirbhay Singh - Uncle of Deepak have been extended benefit of regular bail vide order dated 16.09.2025 passed in M.Cr.C. no. 39232/2025 and Krishna Bai, the mother- in-law has been extended benefit of anticipatory bail vide order dated 24.07.2025 passed in M.Cr.C. No. 25234/2025. Jail incarceration is causing hardship to the applicant and his dependent minor child. Applicant is ready to cooperate in trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers to 01 criminal antecedent against the applicant, as mentioned in the case diary.

In reply, learned counsel for the applicant submits that the matter is pending for trial. Applicant has never been convicted for any major offence.

According to the material available on case diary, Puja Vishwakarma was admitted at S.N. Krishna Hospital, Ujjain, for ingestion of some poisonous substance. The S.N. Krishna Hospital informed the P.S. Neelganga, Ujjain. The statement of Puja was recorded wherein she stated that she had inadvertently consumed rat kill poison. She is brought to hospital by her husband Deepak. Puja succumbed to death during treatment on 29.04.2025. Her dead body was forwarded for postmortem examination. The medical officer opined that Puja has died due to cardio-respiratory failure. Her viscera was preserved for chemical analysis. Initially, the Medical Officer mentioned fracture of hyoid bone and strangulation in the postmortem report but later corrected it and explained the cause of death as cardio-respiratory failure. Dilip Vishwakarma father of deceased, Mithun maternal uncle of deceased, Sushilabai mother of deceased in their statement recorded on 21.05.2025 alleged that Deepak(applicant), Omprakash (father- in-law), Krishnabai (mother-in-law), Nirbhay Singh (uncle-in-law) were harassing Puja for inadequate dowry and demand of one motorcycle. Puja had consumed poisonous substance due to harassment by the accused. On such allegations, P.S. Makdon registered FIR for offence punishable under Sections 80 and 3(5) of The Bharatiya Nyaya Sanhita, 2023. App