Arjun vs The State Of Madhya Pradesh
2021 Latest Caselaw 5844 MP

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                                                           M.Cr.C. No. 46711/2021



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
     (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                       M.Cr.C. No. 46711 of 2021
Arjun S/o. Kailash Chouhan, Aged 29 years, Occupation : Labourer, R/o.
Piplu Tehsil Badnawar, District Ujjain.
                                                        ---Applicant.
                                   Versus

State of M.P. through P.S. Badnawar, District Ujjain.
                                                               ---Respondent.
Date: 22.09.2021 :
      Shri Rahul Sharma, learned counsel for the applicant.
      Smt.     Mamta     Shandilya,     learned    Panel      Advocate       for
respondent/State.
      Heard the learned counsel for the parties.
                                ORDER

This is first application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 13.1.2021 in connection with Crime No.15/2021 registered at Police Station Badnawar, District Ujjain for the offence punishable under Section 306/34 of the IPC.

A 'Dehati Nalis' was registered vide 'Merg' No.04/21 on receipt of an information by the present applicant that his wife viz. Sangita @ Bhuli has hanged herself in the house. The information was recorded. The police reached to the spot and drawn the 'Safina' form and 'Naksha Panchayatnama'. The dead body was sent for postmortem. As per postmortem report, no external injury was found and the deceased died due to Asphexia. The police recorded the statement of parents, neighbour and villagers who deposed that the applicant used to assault his wife and two days ago, he and his brother have beaten her in the public and she felt insulted and committed suicide. However, there is no allegation of demand of dowry. On the basis of such material, the police has registered the FIR on 13.1.2021 u/s. 306/34 of the IPC against the present applicant and his brother. The applicant and his brother were arrested and sent to jail. Thereafter, the charge-sheet has been filed before the competent Court on 28.1.2021. Twice the bail

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M.Cr.C. No. 46711/2021

application of brother of the present applicant has been rejected by this Court.

Learned counsel for the applicant submits that the investigation is complete and charge-sheet has been filed. No further custodial interrogation is required. Even if there was an allegation that there was dispute between the husband and wife and due to which the wife has committed suicide, no offence u/s. 306 of the IPC is made out against the applicant. Even the parents of the deceased have not alleged that the applicant had committed atrocities and abated her to commit suicide. The applicant himself gave an information to the police about death of his wife and did not flee away from the spot. In support of his contention he has placed reliance over the judgment passed by apex Court in the case of Sanju @ Sanjay Singh Sengar V/s. State of M.P. : AIR 2002 SC 1998 in which the deceased committed suicide after two days of quarrel with the accused and the apex Court has held that this would not constitute ingredients of instigation and acquitted the accused. In such premises, learned counsel for the applicant prays for bail to the applicant.

On the other hand, learned Panel Advocate appearing for the respondent/State opposes the bail application.

The investigation is complete and charge-sheet has been filed. I have perused the complete charge-sheet. Awanta Bai - mother and Ramprasad - father of the deceased have stated that they received a telephone call from their daughter that the applicant and his brother have assaulted her publicly due to which she felt insulted and she was weeping. The other independent witnesses have also deposed about beating of the deceased by the applicant and his brother. Therefore, prima facie it appears that the applicant had not left any other option to the deceased but to commit suicide. The applicant has not disclosed any reason as to why the deceased committed suicide and died after nine years of marriage in his house. No plausible defence has been given. The trial is now fixed for evidence and the applicant may repeat

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the bail application after recording of statement of material witnesses in the Court.

With the aforesaid, this bail application is dismissed.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2021.09.24 18:11:21 +05'30'