Aamir Ali vs The State Of Madhya Pradesh
2021 Latest Caselaw 2188 MP

       THE HIGH COURT OF MADHYA PRADESH
                      M.Cr.C. No.18834/2021
                   (Aamir Ali Vs. State of M.P.)
                                                                       1

Jabalpur, Dated : 08/ 06/ 2021
       Shri Vinod Kumar Rishi, learned counsel for the applicant.
       Shri Pradeep Gupta, learned G.A. for the respondent / State.

Heard with the aid of case diary.

This is the fourth application under section 439 Cr.P.C. for grant of bail.

Applicant Aamir Ali was arrested on 21/10/2019 in connection with Crime No.282/2019 registered at Police Station Bina, District Sagar (M.P.) for the offence punishable under Sections 304-B, 498- A,302 and 34 of the IPC and Section 3/4 of the Dowry Prohibition Act.

Earlier first bail application of the applicant has been dismissed on merits vide order dated 07.02.2020 passed in M.Cr.C. 53376/2019 while the second and third bail applications were dismissed as withdrawn vide order dated 06.10.2020 and 02.03.2021 passed in M.Cr.C. No.18780/2020 and M.Cr.C. No. 241/2021.

As per the prosecution case, on 10/05/2019 deceased Tarana wife of applicant Aamir Ali died in suspicious circumstances, due to asphyxia within two years of her marriage. It is alleged that the applicant Aamir Ali husband of the deceased and co-accused Ijjat Ali father-in-law, Nafisa Bano mother-in-law, Akram Ali brother-in-law (jeth), Rubina Bano and Taslim Bano sisters-in-law of the deceased used to harass her and demanded dowry.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Even the deceased Tarana did not state anything against the applicant in her suicide note. The statements of parents of the deceased i.e. Shahbuddin (PW-1) and Kuresha Bano (PW-2) have been recorded by the trial court. They did not support the prosecution case in their cross-examination. The applicant is in custody since THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18834/2021 (Aamir Ali Vs. State of M.P.)

21/10/2019. The charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer. Earlier one bail application of the applicant was dismissed on merit by this Court vide order dated 07.02.2020 passed in M.Cr.C.No.53376/2019 and since then there is no change in the circumstances, except custody period.

Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

Prosecution witnesses Shahbuddin (PW-1) and Kuresha Bano (PW-2) in their examination-in-chief clearly deposed that applicant used to harass the deceased Tarana and demanded dowry. At this stage, this Court is not inclined to ascertain the veracity of their statements by evaluating their statements on merits.

It is alleged that the applicant who is husband of deceased Tarana used to harass her and demanded dowry. In the postmortem report also it is mentioned that injuries were found on the body of deceased. Even, in the postmortem report it is mentioned that deceased died due to asphyxia and it is not mentioned that the death was suicidal in nature. So, looking to the facts and circumstances of THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18834/2021 (Aamir Ali Vs. State of M.P.)

the case and the fact that deceased died within two years of her marriage in suspicious circumstances, this Court is not inclined to grant bail to the applicant.

Hence, the M.Cr.C. is rejected.

                                                        (Rajeev Kumar Dubey)
sarathe                                                       Judge




           Digitally signed
           by NAVEEN
           KUMAR
           SARATHE
           Date: 2021.06.08
           16:57:55 +05'30'