Shankar vs The State Of Madhya Pradesh
2021 Latest Caselaw 571 MP

  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        M. CR. C. No. 12726 / 2021
              SHANKAR S/O BALU BHILALA Vs. STATE OF MP
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INDORE, Dated : 09/03/2021
         Heard through video conferencing.
         Mr. Nilesh Sharma, learned counsel for the petitioner.
         Mr. Zeeshan Khan, learned Panel Lawyer for the respondent -

State.

This is second application filed under Section 439 of Cr.P.C. by the applicant - Shankar s/o Balu Bhilala, who was arrested by Police on 18/12/2020 in connection with Crime No. 385/2020, Police Station Oon Distt. Khargone for the offence punishable under Section 304B and 498A/34 of the Indian Penal Code. Earlier application was dismissed was withdrawn on 26/12/2020.

02- As per prosecution Story, the marriage of the son of the applicant : Asharam took place with Manisha, aged about 20 years. She gave a birth to a child thereafter she committed the suicide by consuming poisonous substance on 3/11/2020. After this unnatural death of Manisha within 7 years of the marriage the parents lodged an FIR in the police station on 17/12/2020 alleging for demand of dowry of Rs. One lac for digging well and purchasing a new motorcycle and when the aforesaid demand was not fulfilled cruelty was met with Manisha and she has committed suicide. Police reorded statement of mother Medibai, brothers and sisters of the deceased. The statement of Medibai is reproduced as below :

**eSa vfHk;qDrx.k vk'kkjke ,oa 'kadj dks igpkugh gwWA vkjksih vk'kkjke esjk tokbZ gS ,oa 'kadj vk'kkjke ds firk gSA eSa xzke tkeU;k jgrh gwW esjs pkj cPps gS] ftlesa rhu yMfd;kW ,oa ,d yMdk gS] igyh yMdh euh"kk] iqtk ,oa fo'kky ,oa NksVh yMdh lksuq gSA esjs ifr jes'k dh vkt ls 2 o"kZ iwoZ rkykc esa ugkrs le; e`R;q gks xbZ FkhA esjh nks yMfd;ksa dh 'kknh gks xbZ FkhA euh"kk dh 'kknh vkjksih vk'kkjke ds lkFk nke[ksMk xkao esa dh FkhA euh"kk 'kknh ds ckn mlls llqjky esa jgrh Fkh] esjh HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M. CR. C. No. 12726 / 2021 SHANKAR S/O BALU BHILALA Vs. STATE OF MP

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yMdh euh"kk dks llqjky okys jkth [kq'kh ls j[krs FksA esjh yMdh euh"kk dh e`R;q dks djhc 3 efgus gks x;s gSA esjh yMdh dh e`R;q nok ihus ls gqbZ FkhA tks eq>s ckn esa irk pyk FkkA blds vokyk eq>sa ?kVuk ds ckjs esa dksbZ tkudkjh ugh gS vkSj esjh yMdh euh"kk us eq>s ?kVuk ds iwoZ dqN ugh crk;kA iqfyl us esjs ls dksbZ iwNrkN ugh dh vkSj uk gh esjs c;ku fy;s FksA 03 After completing investigation the police filed final report against applicant and son Asharam for the offence punishable u/S. 304B and 498A/34 of IPC. This applicant filed bail application before this Court u/S. 439 which was dismissed as withdrawn on 20/1/20. Now the second bail application has been filed after recorded statement of mother Medibai (PW 1); Raisingh (PW 3) and Vikas (PW 2) minor brother and uncle Nathu (PW 4). All the witnesses have turned hostile. Asstt. Public Prosecutor has confronted them with their statement u/S. 161 by putting a leading question but they all have denied the charges against the applicant and his son.

In view of the change circumstances the applicant is seeking bail in this case.

04- Learned Panel Advocate appearing for the respondent / State opposes the prayer.

05- That within 7 years of the marriage Manisha died by consuming poisonous substance on 3/11/2020. After a lapse of 1½ month FIR was lodged. Statement u/S. 161 were recorded on 10/12/2020 not immediately after the death. In the statement u/S. 161 serious allegations of cruelty, harassment & demand of dowry were made and according to which this applicant was made accused and on the basis of these statements the court has declined bail to the applicant and now within two months all material witnesses have turned hostile. It is for the trial Court to examine the conduct of the witnesses at HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M. CR. C. No. 12726 / 2021 SHANKAR S/O BALU BHILALA Vs. STATE OF MP

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the time of passing final judgment.

But at this stage, in view of these changed circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the applicant on bail. 06- Accordingly, this application is allowed and the applicant is directed to be released on bail upon her furnishing a personal bond in the sum of Rs.40,000/- (Rupees forty thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial. It is made clear that in case the applicant is found involved in any other criminal activity, then this bail order shall stand automatically vacated. 07- Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.01/2020.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE KR

Digitally signed by Kamal Rathor Date: 2021.03.10 18:19:41 +05'30'