SHAHWAR @ SHABBIR KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Case diary is available. After investigation charge sheet has already been filed.

(2.) This is first application under Section 439 of Cr.P.C. filed by the applicant/accused for grant of bail in connection with Crime No.488/2014, registered at Police Station Jahangirabad, Distt. Bhopal for the offences punishable under Section 306 and 498 -A of IPC.

(3.) Learned counsel for the applicant/accused submits that the applicant has been falsely implicated in this case. The marriage of the deceased -Ashma Khan was solemnized with the applicant/accused in the year 1999 and they were blessed with three daughters. The deceased was involved in extramarital affairs with another person, owing to which the applicant/accused tried to restrain her. Consequently, a dispute arose between them and the matter was referred to 'Mahila Paramarsh Kendra' where a proceeding was drawn up on 28/3/2014. Learned counsel further contends that the mutual divorce was taken by both the parties on 18/5/2014 and an agreement of 'Talaqnama' was written by them. Neither any dying declaration of the deceased was recorded nor did the deceased leave any suicidal note about the circumstances of her death. Learned counsel by placing reliance on the judgments of the Hon'ble Apex Court in the cases of State of Himachal Pradesh Vs. Nikku Ram and others, 1996 AIR(SC) 67, M. Mohan Vs. State represented by the Deputy Superintendent of Police, 2011 3 SCC 626 and Mahendra Singh and another V. State of M.P., 1995 Supp3 SCC 731, has argued that there is no prima facie evidence on record against the applicant for abetting the deceased to commit suicide, hence offence under Section 306 of IPC is not made out. The injuries found on the body of the deceased during post -mortem were not in fresh in nature. Further, after investigation, charge sheet has already been filed and custody of the applicant/ accused is not required in this case. More over, there is no one except him to look after his three daughters one of whom suffers from handicap. On the aforesaid grounds, learned counsel has prayed for grant of bail.