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Judgment
Vishnu Pratap Singh Chauhan, J
Heard on this second bail application under Section 439 of Cr.P.C. filed on behalf of both applicants Chhedilal Choudhary and Rupendra Choudhary.
The applicants are in judicial custody since 27.07.2020 in connection with Crime No.177/2020 registered at Police Station Kothi, District-Satna for
commission of offence punishable under Sections 304-B and 498-A of the IPC and Section 3/4 of Dowry Prohibition Act read with section 34 of the
IPC.
First bail application filed by Chhedilal Choudhary and Rupendra Choudhary was dismissed on merits vide order dated 16.10.2020 passed in
M.Cr.C.No.29556/2020.
The allegation against both the applicants, in short, is that applicants are father-in-law and brother-in-law of deceased Kajal who got married with
Bhupendra Singh. After her marriage, the applicants along with her husband started demanding dowry and committed marpeet with her on account of
non-fulfillment of demand of dowry. Deceased Kajal committed suicide within seven years of her marriage.
Learned counsel appearing for the applicants submits that both the applicants are residing separately. None of the witnesses stated that the applicants
demanded dowry and harassed the deceased. There is no material evidence available against the applicants. After investigation, charge-sheet has
been filed and during trial, summons to the material witnesses were sent but none of the witnesses turned to examine himself before the trial Court. In
such circumstances, the applicants are unnecessarily kept in judicial custody, therefore, it has been prayed that applicants be released on bail.
Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that parents of the deceased categorically
stated that both the applicants demanded the dowry and harassed her for non-fulfillment of demand of dowry and deceased committed suicide by
setting herself ablaze, therefore, she prays for dismissal of this application.
Having heard learned counsel for the parties. It is undisputed that the deceased committed suicide by setting herself ablaze. Prima-facie, it is reflected
that deceased committed suicide within seven years of her marriage and applicants are near relatives of her husband. There is prima-facie oral
evidence available against the applicants that they demanded the dowry and deceased was harassed by her in-laws for non-fulfillment of demand of
dowry. In such circumstances, this Court is not inclined to release both the applicants on bail.
Consequently, this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of both the applicants is hereby
dismissed.