ORDER
1. This is the seventh application filed by the applicant under Section 483 of BNSS for grant of regular bail relating to RCT No.143/2021 registered at Police Station Kotwali, District Bhind M.P. for the offence under Section 304(B), alternatively 302, 114, 498-A & 34 of IPC and 3/4 Protection of Women from Domestic Violence Act, 2005.
2. As per the prosecution story marriage of deceased was solemnized with co-accused Jitendra who is son of present applicant. After marriage, deceased was subjected to cruelty by present applicant and other co-accused persons for non fulfillment of their demand of dowry of Cash of Rs. 2 Lacs and four wheeler vehicle. Due to mental and physical harassment given by present applicant and other co-accused persons, deceased committed suicide by hanging herself. Accordingly, merg has been registered and after merg
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enquiry, FIR has been lodged and offence has been registered.
3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. Applicant has already suffered jail incarceration since 8.4.2021. Most of the material prosecution witnesses have been examined. Applicant is a 58 years old age person suffering from various medical ailments and earlier he has been enlarged on anticipatory bail on medical grounds. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
4. Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection by submitting that deceased has been died within a period of one year of her marriage. As per Post mortem report, anti mortem injuries have been found over her body. Applicant's first bail application has been dismissed on merit vide order dated 29.6.2021 passed in MCRC No.31604/2021. There is no material change in the circumstances in which applicant will be entitled for bail. Hence, he prays that applicant's bail application deserves to be dismissed.
5. Heard both the parties and perused the case diary as well as the impugned order of the court below.
6. Considered all the facts and circumstances of the case, it appears that deceased has been died due to dowry within a year of her marriage and statement of Brahma Kishore Dubey (PW-5), who is father of deceased, it reveals that deceased was subjected to cruelty for unfulfillment for demand of dowry soon before her death. During the course of post mortem report,
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(ANIL VERMA)
JUDGE
some injuries also found over the body of deceased. On the basis of aforesaid, this Court is of the considered opinion that there is no material change in the circumstances on the basis of which applicant may be entitled for bail. Therefore, this repeat bail application is dismissed on merits.
R
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