NILESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is second bail application under Section 439 of the Criminal Procedure Code, 1973. The first bail application was dismissed as withdrawn on 3.9.2019 in M.Cr.C.No.30149/2019. The applicant is in jail since 23.3.2019 in connection with Crime No.135/2019 registered at P.S., Azad Nagar, Indore, for offence punishable under Section 498-A , 304-B / 34 of IPC.

(2.) As per prosecution story, marriage between the applicant and deceased Megha was solemnized on 28.4.2015. After almost four years on 2.3.2019 she committed suicide hanging by noose at home. Marg statements of the family members of the deceased were recorded on 14.3.2019, wherefrom the facts came on surface that applicant, his mother, father and sister had been taunting the deceased for not bringing sufficient dowry at the time of marriage. They had demanded two wheeler and thereafter four wheeler from the family members of the deceased. On the statements so recorded the FIR has been lodged. It is not disputed that father, mother of the applicant have been enlarged on bail by the trial Court and sister Shivani has been granted protection against arrest by this Court.

(3.) The investigation is complete and charge-sheet has been filed. No further custodial investigation is required. Shri Vivek Singh, learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. There is no evidence of any mal-treatment, cruelty or hostility shown against the deceased either by the applicant or by his family members. At a distance of time more than twelve days alleged statements were recorded whereupon FIR has been lodged. Even otherwise applicant has already suffered since 23.3.2019. According to him there are two female children at home not being looked after properly. He shall abide by such terms and conditions this Court deems fit and proper in the event he is enlarged on bail.