Pooran Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3794 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.37784/2021 (POORAN SINGH VS. STATE OF M.P.)

Through Video Conferencing

Gwalior, Dated : 31/07/2021

Shri Arvind Sharma, Counsel for the applicant.

Shri B.S.Gaur, Counsel for the State.

Shri Pallav Tripathi, Counsel for the complainant.

Case diary is available.

This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail.

The applicant has been arrested on 31/03/2021 in connection

with Crime No.104/2021 registered at Police Station Mehgaon,

District Bhind for offence under Sections 304-B, 498-A and 34 of

IPC and Section 3/4 of the Dowry Prohibition Act.

The first bail application of the applicant has been dismissed

as withdrawn by order dated 07/07/2021 passed in MCRC

No.31788/2021. It is submitted by the counsel for the applicant that

the police after completing the investigation has filed the charge-

sheet. In fact, the son of the applicant is alleged to have some

relationship with another girl and accordingly, the deceased had also

made an application to the Parivar Paramarsh Kendra, but no

conciliation could take place. It is submitted that the allegation of

demand of Rs.2,00,000/- and one four wheeler is false. The

allegations are omnibus in nature. The applicant is in jail from

31/03/2021 and the Trial is likely to take sufficiently long time and

there is no possibility of his absconding or tempering with

prosecution witnesses.

Per contra, the application is vehemently opposed by the

counsel for the State as well as the counsel for the complainant. It is

submitted that the deceased died within a period of one year and 15

days of her marriage because of her harassment due to non

fulfillment of demand of one four wheeler and an amount of

Rs.2,00,000/-.

Heard the learned counsel for the parties.

Considering the allegations made against the applicant, in the

light of judgment passed by Supreme Court in the case of Taramani

Parakh Vs. State of M.P. reported in (2015) 11 SCC 260, coupled

with the fact that the deceased died within one year and one month of

her marriage and in view of allegations of demand of dowry and her

harassment, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

                                                                   (G.S. Ahluwalia)
Pj'S/-                                                                   Judge
 PRINCEE
 BARAIYA
 2021.07.31
 14:56:12 -07'00'