AMOL SINGH MEVAFAROSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) It is submitted by learned counsel for the applicant - Amol Singh Mevafarosh that the applicant is Constable in S.T.F., Dabra and he is father-in-law of the deceased. It is further submitted that the other co-accused of this case, who is sister-in-law of the deceased, has already been granted the benefit of anticipatory bail by this Court vide order dated 21.05.2020 passed in M.Cr.C. No.13756/2020. The case of the present applicant is also on same footings, as the deceased died due to cardiac arrest. There is no evidence on record with regard to demand of dowry by the applicant. It is further submitted that no ante mortem injury was found on the body of the deceased and the cause of death of the deceased was natural. Therefore, Section 304-B of IPC is not attracted. Hence, prayed to grant anticipatory bail to the applicant.

(2.) Learned State counsel has vehemently opposed the submissions and has submitted that the case of present applicant is totally different from the case of co-accused, who is sister-in-law of the deceased. There is specific allegations against the present applicant in the statement recorded under Section 161 of Cr.P.C., wherein the mother of the decased has specifically stated that there are lots of allegations with regard to demand of dowry and the role of present applicant is prominent. It is further submitted that there is no any earlier ailment report of the deceased and the cause of death appears to be mental pressure due to demand of dowry. Hence, prayed to reject the anticipatory bail application of the applicant.

(3.) Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case- diary.