IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 6 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 58305 of 2025

SAMEER

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Manoj Saxena advocate for the applicant. Ms. Drishti Rawal public prosecutor for State.

ORDER counsel referring to the statement of deceased before One Stop Center and her own handwritten note submits that there was no allegation against the applicant with regard to harassment for or in relation to dowry. The family members of deceased have levelled false allegations due to anger, dismay and frustration over untimely death of Roshni at their home. There was matrimonial discord between Roshni with her husband. She was living with her parents for three months before her death. She had consumed poison near her parental home. No offence, as alleged, is committed by the applicant. The final report has been submitted on completion of investigation. There is no likelihood of tampering with the evidence by the applicant. Jail incarceration is causing hardship to the applicant and his dependent family. Applicant is ready to cooperate in trial.

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. 67/2025 registered at Police Station Kotwali Ujjain District Ujjain(M.P.) for offence punishable under Sections 80(2), 85, 108, 3(5) of BNS, 2023 and Section 3, 4 of Dowry Prohibition Act.

Applicant is in judicial custody since 13.08.2025.

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 he is husband of deceased. The deceased was residing at her parental home for 3 months prior to her death. Learned

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, learned counsel for the State fairly states that no criminal antecedent is reported against the applicant.

According to the material available on case diary, Roshani was married to Sameer (applicant) on 25.5.2024. Roshani was admitted at Charak Bhawan Hospital Ujjain on complaint of consuming Rat Kill Poison. Roshani succumbed to death on 26.5.2025. Her relatives alleged that Sameer (husband), Imran (brother-in-law), Rizwan (brother-in-law), Irfan (brother- in-law), Asif (brother-in-law), Naseem (mother-in-law) and Jakib (father-in- law) were harassing Roshani over petty domestic issues and for demand of dowry. She was expelled from her matrimonial home, therefore, she went with her father to the parental home. Jakib applied to One Stop Center. Roshani and her husband appeared before One Stop Center and gave their statement. Roshani informed that her husband, mother-in-law and father-in- law are harassing her over petty domestic issues. She is not provided any money and asked to follow various unwarranted conditions to live at matrimonial home. It was alleged that Roshani had consumed poisonous substance due to mental and physical harassment by her husband and his family members. On such allegations, the Police Station Kotwali Ujjain registered FIR for offence punishable under Section 80(2), 85, 108, 3(5) of BNS, 2023 and Section 3, 4 of Dowry Prohibition Act. The applicant - Sameer was arrested on 13.08.2025. He is in custody ever since. The final report has been submitted on completion of investigation. The contentions of applicant have prima facie substance. There was no allegation of demand of dowry in the statement of deceased recorded at the One Stop Centre or in her alleged handwritten notes. Prima-facie, it appears that the deceased was distressed due to ill-treatment of her parents-in-laws asking to follow certain