Ashish Dahiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 17470 MP

                                                              1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 18 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 44629 of 2023

                           BETWEEN:-
                           ASHISH DAHIYA S/O SHRI RAMESHWAR PRASAD
                           DAHIYA, AGED ABOUT 30 YEARS, OCCUPATION:
                           STUDENT, R/O SUHAGI, MAHARAJPUR, DISTRICT
                           JABALPUR (M.P.)

                                                                                             .....APPLICANT
                           (BY SHRI C.L. SETHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION ADHARTAL, DISTRICT JABALPUR (M.P.)

                                                                                          .....RESPONDENT
                           (BY SMT. SHIPRA GUPTA - PANEL LAWYER)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This is second application filed by the applicant under Section 439 of the

Code of Criminal Procedure for grant of regular bail relating to Crime No.753/2023 dated 17.06.2023 registered at Police Station- Adhartal, District Jabalpur for the offence punishable under Sections 498-A, 304-B/34 of IPC and Section 3/4 of Dowry Prohibition Act. His first bail application being M.Cr.C. No.30954/2023 was dismissed on merits vide order dated 18.07.2023.

Learned counsel for the applicant submits that the applicant is in custody since 08.06.2023. The applicant is innocent and has falsely been implicated in

Signature Not Verified the case. The investigation is over and charge-sheet has been filed; the trial will Signed by: REENA HIMANSHU SHARMA Signing time: 10/20/2023 1:10:37 PM

take considerable time to conclude. The applicant is a permanent resident of the district and there is no likelihood of his absconding or tampering with prosecution evidence. He is ready to deposit adequate surety and shall abide by all the directions and conditions to be imposed upon him by this Court. Upon these grounds, learned counsel for applicant prays that the applicant may be released on bail.

On the other hand, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.

I have heard learned counsel for the parties and perused the case-diary. This second bail application has been argued on the ground that no

demand of dowry was made either at the time of marriage or thereafter, no injury apart from the ligature mark was found on the person of deceased, there was no proximate cause of harassment or cruelty for commission of suicide, no report of cruelty was made during the lifetime of deceased and the charge-sheet has been filed. It is significant to note here that the earlier bail application was dismissed on merits under M.Cr.C. No.30954/2023 vide order dated 18.07.2023. The statements of relatives of deceased were considered while rejecting the earlier bail application. In those statements, they have categorically stated that there was a demand of vehicle from the applicant and for that he was committing cruelty with the deceased. Deceased was communicating these facts to her family members and it was also witnessed by the father of deceased that she was not allowed to enter her matrimonial house on the night of 29.05.2023. In the light of these statements, it cannot be assumed that whatever has been disclosed by relatives of deceased is a fabricated story. Having considered all these facts, this application cannot be allowed. Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/20/2023 1:10:37 PM

Learned counsel for the applicant has relied upon a decision of the Hon'ble Supreme Court in the case of Devender Singh & others vs. The State of Uttarakhand (Criminal Appeal No.383/2018), wherein the judgment of acquittal was passed on the basis of separate residences of deceased and the appellants. However, the facts of the case in hand are different from that of afore-cited case.

Hence, this bail application is dismissed.

(ANURADHA SHUKLA) JUDGE rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/20/2023 1:10:37 PM