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Judgment
11 paragraphs · 348 wordsMilind Ramesh Phadke, J
The applicant has filed this first application under Section 439 of Cr.P.C. (483 of BNSS, 2023) for grant of bail.
The applicant has been arrested on 17.02.2024 in connection with Crime No.713/2023 registered at Police Station Hazira District Gwalior (M.P.) for offence punishable under sections 304-B, 201, 498(A), 34 further added section 302 of IPC.
Applicant is alleged with murder, dowry death and dowry demand related cruelty soon before death.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is mother-in-law of the deceased. The deceased died due to hanging within 2-3 months of marriage. The applicant has been implicated on the strength of general and omnibus allegations. Applicant is in custody since 17.02.2024. Charge-sheet in the matter has been filed and further custodial interrogation of the applicant is no more required. Applicant is ready to cooperate in trial. There is no likelihood of interfering with the investigation or tampering with the evidence. Thus, it is prayed that the applicant be enlarged on bail.
Per contra, learned counsel for the State and learned counsel for the complainant opposed the bail application and prayed for its rejection.
Heard learned counsel for the parties and perused the case diary.
To attract provisions of Section 304-B of the Indian Penal Code, one of the main ingredients of the offence, which is required to be established is that "soon before her death, she was subjected to cruelty or harassment in connection with the demand of dowry".
As per the statement of the prosecution witnesses, the requirement of said ingredient of Section 304-B of the IPC prima facie appears to present.
Considering the aforesaid and also to the fact that the death occurred within a short span of 2-3 months of marriage, this Court is of the view that no case for grant of bail, as prayed for by the applicant, is made out.
Accordingly, the instant bail application filed on behalf of applicant is rejected.