Ajab Singh vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary

This is first bail application u/s 439 of Cr. P.C. The applicant has been arrested in Crime No. 58/2012 registered at Police Station, Tyonda, Vidisha, District Vidisha (M.P.), for the offence punishable under Sections 304-B/34 of IPC.

As per prosecution case, the marriage of the deceased Rajni was solemnized with the applicant about three years ago. After one year of marriage applicant and his parents used to harass and torture the deceased with regard to demand of Motor Cycle. On account of non-fulfillment of demand of dowry the in-laws of the deceased were also not providing her food. Deceased died under the suspicious circumstances within three years of her marriage.

It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated and there is no demand of dowry. There is no material on record to show that soon before the death of deceased she was subjected to cruelty in connection with demand of dowry. Applicant is in custody since 10.05.2013. Trial will take time.

Learned counsel for the applicant has cited the following case laws:-

i. Satvir Singh and Others Vs. State of Punjab and Another,

ii. Gurdeep Singh Vs. State of Punjab and Others, reported in (2012) 1 SCC (Cri) 584.

To demonstrate that the ingredients of offence punishable u/s 304-B of IPC was missing. Therefore, prima facie no case is made out u/s 304-B of IPC.

On these grounds, learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor.

From the perusal of the case diary, it appears that marriage of the deceased was performed with the applicant three years ago. The material collected so far during investigation discloses that the applicant used to demand Motor Cycle and on non-fulfillment of demand he used to harass and beat the deceased. It also transpires that the deceased has died under suspicious circumstances.

In view of the material available against the applicant as well as taking into consideration the fact that the deceased died within three years of her marriage coupled with the gravity of offence, I am not inclined to enlarge the applicant on bail. Consequently, bail application is dismissed.