Madhya Pradesh High Court
Sitaram Bhabhar vs The State Of Madhya Pradesh on 9 December, 2021
Author: Anil Verma
The High Court Of Madhya Pradesh
MCRC No. 58215 of 2021
(SITARAM BHABHAR Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 09-12-2021
Shri Ashish Gupta, learned counsel for the applicant .
Ms. Seema Maheshwari PL for the respondent/State.
Applicant has filed this first bail application under Section 439 of
the Code of Criminal Procedure, 1973 in connection with Crime No.
224/2021 registered at P.S - Sarvan, District- Ratlam (M.P.) for
commission of offence punishable under Sections 306, 498-A of IPC.
As per prosecution story, marriage of deceased Bhulibai was
solemnized with the applicant about six years ago and out of the said
wedlock, three children were born. The deceased has committed
suicide by hanging herself. Allegedly, the applicant used to harass and
beat the deceased after consuming liquor. He told her that he did not
like her and wanted to remarry as the deceased was illiterate and
elder than him. Soon before the death, on account of harassment, the
deceased committed suicide in her matrimonial home. Accordingly, the
aforementioned offences have been registered aginst the applicant
and he has been arrested.
Learned counsel for the applicant contended that applicant is
innocent and has been falsely implicated in this offence. Investigation
is over and charge-sheet has been filed, therefore, no further custodial
interrogation is required. There is no legal evidence available on
record to connect the applicant with the aforementioned offence. He
is in jail since 08/09/2021. He is a permanent resident of District-
Ratlam. He is sole bread-earner in his family. Final conclusion of trial
shall take sufficient long time. Under the above circumstances, prayer
for grant of bail may be considered on such terms and conditions, as
this Court deems fit and proper.
To bolster his contention, learned counsel has placed reliance
upon the judgment delivered in the case of K.v. Prakash Babu Vs.
State of Karnataka, reported in AIR 2016 SUPREME cOURT
Per-contra, learned PL for respondent - State opposes the bail
application and prays for its rejection by submitting that the appliant
continuously harassed the deceased, due to which, she committed
suicide.
Perused the impugned order of the trial Court as well as the
case dairy.
Considering all the facts and circumstances of the case,
arguments advanced by both the parties, nature and gravity of
allegation, it is revealed that death of the deceased has occurred
within seven years of her marriage. As per the statements of her
parents, the applicant continuously used to harass her physically and
mentally. Earlier to the incident, Panchayat was also held, but the
applicant did not change his conduct. Under these circumstances, as
also in view of the evidence available on record, this Court is not
inclined to grant the benefit of bail the present applicant.
Accordingly, present application filed under section 439 of
CR.P.C by the applicant has no force and is hereby dismissed.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
Digitally signed by AMOL N
MAHANAG
Date: 2021.12.10 10:33:50
+05'30'
