RAJU BALMIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application u/S. 439 Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn vide order dated 2.8.2019. He has been arrested on 23.6.2019 by Police Station Gole Ka Mandir District Gwalior, in connection with Crime No. 300/2019 registered in relation to the offences punishable 306 of IPC.

(2.) It is stated by counsel for the applicant that marriage had taken place twenty years back and incident had taken place on 12.7.2019 whereas, statements were recorded after the period of two years. He has further drawn attention of this court to the merg statement of son of applicant Gaurav aged 15 years wherein, he has categorically stated that they were living happily and there was no harassment of the deceased by the applicant or by his family members. It is further submitted that the prosecution has not explained the delay caused in recording statement. The matter was not reported immediately to the police after the incident. There is nothing on record to show that there was any intimation to the police authorities previously about the incident of harassment of deceased. Death is by hanging and at the time of death, the doors were locked from inside. On these grounds, he prayed for grant of bail to the applicant.

(3.) Learned Public Prosecutor for the State opposed the application stating that there are specific allegations against the applicant who is husband of deceased and other family members about harassment of deceased which were considered at the time of rejection of earlier bail application. He has categorically stated that mother of deceased in her examination in chief has made specific allegations regarding commission of offence of harassment against applicant and his family members. On these grounds, he prayed for rejection of the same.