ARVIND KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure. The first application was dismissed as withdrawn vide order dated 26.07.2019 in M.Cr.C. No. 29801/2019. The petitioner is in custody since 23.04.2019 in connection with Crime No.239/2019 registered at Police Station-Belbagh, District-Jabalpur (M.P.) for the offence punishable under Section 304-B / 34 of IPC.

(2.) Prosecution story in short is that marriage of deceased Pinki @ Sushila was solemnized with co-accused Arvind Kori on 08.02.2015. The deceased has died on 21.04.2019 due to burn injuries. Marg was registered, investigation was started thereafter, it was found that the petitioner and other co-accused tortured and humiliated her and due to this deceased committed suicide. Accordingly, police has registered the aforesaid offence against the present petitioner and other co-accused.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. She further submits that no case is made out under Section 304-B / 34 of IPC against the present petitioner. He has one child also. There is no dying declaration of the deceased. There is no allegation of demand of dowry from the deceased against the present petitioner-accused. The other co-accused has already been released on bail vide order dated 26.07.2019 in M.Cr.C. No. 29801/2019. The petitioner is in jail since 23.04.2019 and trial would take time to conclude. There is no chance of his absconding and tampering with the evidence. The petitioner is ready to furnish bail bond, as per the order, abiding with all conditions imposed by the Court. On these grounds, she prays for grant of bail to the petitioner.