JUDGEMENT
DEEPAK KUMAR AGARWAL, J. -
(1.)Heard on the first application under sec. 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.
(2.)The applicants/accused are husband and wife, Jeth and Jethani of the deceased are apprehending their arrest in connection with Crime No.467/2022 registered at Police Station Kotwali, District Morena (MP) fo r the offence punishable under Ss. 304-B, 498-A, 34 of IPC.
In brief, the prosecution case is that on on 5/5/2022 from Parivar Hospital, Gwalior, a letter has been sent to Police Station Jhansi road, informing that deceased Princee Sharma W/o Manoj Sharma, aged about 22 years, resident of Housing Board Colony, Morena has been admitted in serious condition. Thereafter, on 6/5/2022 at 10.15 P.M., during treatment she died. Information was sent to Police Station Jhansi Road. On this information, marg No.47/22 was recorded at Police Station Morena. Dead body panchnama was prepared. Dead body was sent for postmortem. As per postmortem report, she died within 6 - 24 hours due to hanging. Marg was enquired. During marg, statement of father Devendra Sharma, mother Archana Sharma,, Aryan and Ravi Sharma were recorded. They alleged that marriage of the deceased was solemnized with manoj Sharma on 25/1/2019. They performed the marriage as per their capacity. After some time her in-laws started harassing her to bring 11 lacs rupees and one bullet motorcycle from her house. When she complained them, they told her that they will advice her in-laws. Thereafter, they have started treating cruelly. Between 4-5/5/2021 at 12 noon, she called through video call, talked with her mother and father and complained about her in-laws. They beaten her. Next day when in the evening at 5 P.M., father of the deceased had gone to the house of deceased. She was lying down in the room. Her husband brought her to hospital. Thereafter, she died in the hospital during treatment. After marg enquiry, aforesaid offence was registered against husband, father-in-law, Jeth Rammohan Sharma (present applicant No.1), Jethani Kushbhu (present applicnat/accused No.2) and dewar Shriniwas @ Rishikesh.
(3.)From the side of the applicants/accused, it is argued that applicants are living separately at Gujarat from July 2021. Incident is of 5/5/2022. Soon before the death of deceased they were not present on the spot. From the date of marriage in 2019 till death of deceased no complaint and no panchayat were made. Omnibus allegation for death of deceased were made against present applicants/accused.
On the contrary, Shri V.D. Sharma, counsel for the complainant vehemently opposed the bail application.
Learned Public Prosecutor opposed the bail application and prayed for its rejection.
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