Monu @ Munesh Sharma vs State Of M.P

G.S. Ahluwalia, J

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. First application was dismissed as withdrawn by order

dt.23.11.2021 passed in M.Cr.C. No.56954/2021.

The applicant has been arrested on 09.08.2021 in connection with Crime No.577/2021 registered at Police Station Bahodapur, Distt. Gwalior for

offence under Sections 498-A, 306, 34 of IPC.

When the first bail application of the applicant was argued, after realizing that this Court is not inclined to grant bail, the counsel for the applicant had

withdrawn the application.

The applicant is the younger brother-in-law (Devar) of the deceased. The deceased was married to Yogesh Sharma on 26.06.2012 and it is alleged

that after the husband of the deceased got appointment on the post of Compounder in Homeopathic Department, Ghatigaon, District Gwalior, the

applicant and other in-laws started demanding Rs.5 Lacs and they were also harassing her by calling her that she is of a dark complexion. It is also the

prosecution case that the parents of the deceased tried to persuade the applicant and other in-laws but they did not improve their conduct. On

26.07.2021, Rajendra Sharma and his cousin brother Anil Sharma went to the matrimonial house of the deceased where she was informed that the

things are going out of control and her in-laws are making planning for killing her. It is also the case of a prosecution that on 06.08.2021 at about 8.30

p.m. the deceased called her Bhabhi and informed that her husband is saying that either she should bring dowry otherwise he would marry after killing

her. It was further alleged that her elder brother-in-law (Jeth) Pankaj and younger brother-in-law (Devar) Monu and his wife Priya are harassing her

and are calling her of a dark complexion and they also beat her by saying that she belongs to a poor family and are insisting that the deceased should

bring money from her parental home otherwise she would be killed. Thereafter, Rajendra Sharma, his cousin brother Anil Sharma and others went to

the matrimonial house of the deceased where they found that the deceased was lying in a dead condition.

It is submitted by the counsel for the applicant that earlier, this Court had rejected the application of co-accused Deepak Sharma for grant of

anticipatory bail. The said order was assailed before the Supreme Court and by order dt.28.01.2022 passed in Criminal Appeal No.141/2022, the co-

accused Deepak Sharma has been granted anticipatory bail. The applicant is in jail from 09.08.2021 and his case is identical to that of co-accused

Deepak Sharma.

Per contra, the application is vehemently opposed by the counsel for the State.

Heard the learned counsel for the parties.

One of the ground agitated by the co-accused before the Supreme Court was that he was not named in the FIR, but the name of one Pankaj was

mentioned, which is not the name of Deepak Sharma.

So far as the case of the applicant is concerned, there are specific allegations that on 06.08.2021, the deceased had informed her Bhabhi that she is

being beaten and harassed by the applicant. There is no discrepancy with regard to the identity of the applicant.

Considering the serious nature of allegations, this Court is of the considered opinion that no case is made out for grant of bail.

The application fails and is hereby dismissed. However, liberty is granted to revive the prayer after suffering some reasonable period of detention.