ACHCHHE LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under section 439 of the Cr.P.C., 1973 filed on behalf of petitioners Achche Lal and Smt. Harkunwar in crime no.92/2017 registered by P.S.- Bamhorikala, District-Tikamgarh under Sections 304-B and 498-A of the IPC and Sections 3/ 4 of the Dowry Prohibition Act.

(2.) As per the prosecution case, deceased Sheela married Virendra, son of the petitioner, Acheche Lal on 29.02.2016. Ever since the marriage, petitioners and their sons Virendra and Dashrath used to demand a motorcycle and Rs. 50,000/- in cash by way of dowry and used to inflict cruelty upon her, when their demand was not met. On one occasion, petitioner Achche Lal had gone to the matrimonial home of the deceased and had demanded a motorcycle and Rs. 50,000/- in cash. When father of the deceased had expressed his inability to give aforesaid dowry, at first he refused to take the deceased with him; however, under social pressure, he had to take her with him. It is also the case of the prosecution that on the eve of the incident, the parents of the deceased had received a call from her; wherein, she had told that she was being beaten by her husband and other co-accused persons including petitioners in connection with their demand for dowry and she called her father to her matrimonial home. Next day, deceased was found dead in a well.

(3.) Learned counsel for the petitioners submits that the age of the petitioner no.1 Achche Lal is 60 years and that of petitioner no. 2 Smt. Harkunwar is 55 years. They have been in custody since 29.02.2016 and the charge-sheet in the matter has been filed. Though, no specific role has been ascribed to the petitioners in the incident. The police has not seized the call records with regard to telephonic conversation between the deceased on one hand and the parents on the other. There were no signs of injury on the dead body of the deceased and she had died as a result of drowning. Co-accused Dashrath has been released on bail by the trial Court; therefore, it has been prayed that the petitioners be released on bail.