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2023 DIGILAW 127 (MP)

Roshan Koshre v. State of Madhya Pradesh

2023-01-24

NANDITA DUBEY

body2023
JUDGMENT Nandita Dubey, J. - The applicant has filed this repeat (4th) bail application under Section 439 of Cr.P.C. His earlier bail applications MCRC No.53083/2019, MCRC No.50762/2020 & MCRC No.57779/2021 were dismissed as withdrawn vide dated 7.2.2020, 9.6.2021 and 25.3.2022 respectively. 2. The applicant is in custody since 7.11.2019 in connection with Crime No.289/2019 registered at Police Station Lanji district Balaghat for the offences punishable under Sections 304-B, 498-A of IPC and Sections 3/4 of Dowry Prohibition Act. 3. This is a case where newly married girl died due to consumption of poison. Present applicant is the husband of the deceased. 4. Learned counsel for the applicant submits that present applicant has been falsely implicated. He has not committed any cruelty with the deceased nor asked for dowry. Referring to the statement of brother of the deceased, who has been examined as PW-1, it is stated that the marriage of the applicant with the deceased was solemnized in the Samuhik Sammelan. In such circumstances, there was no question of demand of dowry. It is further pointed out that when the deceased Gayatri died, present applicant was at Hyderabad, whereas deceased Gayatri died at Village Gondiya. 5. Learned counsel for the State has opposed the bail application. It is submitted that the deceased Gayatri died within five months of her marriage. It is alleged against the present applicant that he tortured and beaten his wife Gayatri at Hyderabad. It is further pointed out that in the postmortem report, the cause of death was poison. 6. Considering the submissions of the learned counsel for the parties and on perusal of the case diary, it seems that when the deceased Gayatri died, present applicant was in other State and at the time of her death, she was at her maternal house, as according to the record, her brother had taken her to the hospital. 7. Considering the fact that the present applicant is in custody since 7.11.2019 and only 12 witnesses out of 28 have been examined till date and the trial may take a long time to conclude, without commenting into the merits of the case, this application is allowed. 8. 7. Considering the fact that the present applicant is in custody since 7.11.2019 and only 12 witnesses out of 28 have been examined till date and the trial may take a long time to conclude, without commenting into the merits of the case, this application is allowed. 8. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C. Certified copy as per rules.