VINOD DAYAMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the third application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The earlier two applications were dismissed as withdrawn vide orders dated 16.10.2019 and 12.02.2020 passed in MCRC Nos.40778/2019 and 50307/2019. The applicant is in custody since 16.08.2019 in connection with Crime Case No.308/2019 registered at Police Station Bilpank, District Ratlam for the offence punishable under section 306 IPC.

(2.) As per prosecution story, the applicant had married with deceased Savita on 06.05.2017. However, in a span of two years, on 17.07.2019 she committed suicide by consuming poisonous substance. Accordingly, the case has been registered against the applicant.

(3.) Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in jail incarceration since 16.08.2019 and the family is on the verge of starvation due to his jail incarceration. He is a bona fide resident of village Shivpur, Bilpank District Ratlam. On merits learned counsel submits that the applicant neither did provoke nor did anything of the nature to constitute an offence to commit abetment of suicide by the deceased. In fact, the applicant himself had rushed the deceased to the hospital for treatment where she had died later on. That apart, the deceased's mother (PW-2) turned hostile and did not support the story of prosecution in the context of harassment of the deceased by the applicant after consuming of liquor. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.