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Judgment
19 paragraphs · 366 wordsRajeev Kumar Dubey, J
This is second bail application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Surajbhan Kushwaha was arrested on 26/11/2019 in
connection with Crime No.357/2019 registered at Police Station Semariya, Distt. Rewa (MP) for the offence punishable under Sections 498-A, 304-B,
201 of the IPC and Sections 3/4 of the Dowry Prohibition Act.
The first bail application of the applicant was dismissed by this Court for want of the prosecution vide order dated 28/6/2021 passed in
M.Cr.C.No.29082/2020.
As per the prosecution case, on 18/11/2019 deceased Rama, wife of the applicant committed suicide by hanging herself within one year of her
marriage. It is alleged that applicant demanded dowry and used to assault her and harassed her, due to which she committed suicide.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that the
earlier also deceased lodged the complaint against the applicant in which she did not mention that the applicant demanded dowry which clearly shows
that the applicant falsely implicated in the crime. The applicant has been in custody since 26/11/2019. Charge sheet has been filed and conclusion of
trial will take time, so the applicant be released on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant used to harass the deceased and demanded dowry and assaulted
her due to which she committed suicide. Though, in the complaint earlier filed by the deceased against the applicant, it is not mentioned that he
demanded dowry but in that complaint also, it is mentioned that the applicant used to assault her and harassed her which clearly shows that due to
harassment of the deceased, she committed suicide. So, he should not be released on bail.
Looking to the facts and circumstances of the case and the allegation and the fact that the applicant is the husband of the deceased and it is alleged
that the applicant used to assault and harassed the deceased due to which she committed suicide within one year of her marriage, this Court is not
inclined to grant bail to the applicant. Hence, the application is rejected.