ABOUT v. (BY SHRI AMIT SHARMA, GOVERNMENT ADVOCATE)

(BY SHRI GAURAV SHARMA, ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH P.S. RANEH, DISTRICT DAMOH (MADHYA PRADESH) (BY SHRI AMIT SHARMA, GOVERNMENT ADVOCATE) .....RESPONDENTS ORDER This is a repeat (second) application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. His first bail application was dismissed on merits on 05.1.2021 in M.Cr.C. No.30918/2020. The applicant is in custody since 05.08.2020 in connection with Crime No.87/2020 registered at Police Station Raneh District Damoh for the offence punishable mentioned therein. As per the prosecution, the present applicant due to an altercation poured kerosene oil on the body of the deceased and set her on fire. It is further stated that the deceased was earlier also subjected to cruelty by the present applicant. Learned counsel for the applicant submits that the applicant has been falsely implicated. It is submitted that an omnibus allegation has been made against all the co-accused persons. It is pointed out that the mother, father and husband of the deceased in their testimony have not supported the prosecution version and declared hostile. On the basis of these testimony of the parents and husband of the deceased, prayer for grant of bail is made. Signature Not Verified SAN Learned Government Advocate for the respondent/State has vehemently opposed the bail application. It is pointed out that in her dying declaration the 2 deceased had made clear allegation against the present applicant. This dying declaration is also signed by the doctor that at the time of making the statement, deceased was in a conscious state. Though the parents and husband of the deceased have not supported the prosecution version, but they were not the eye-witnesses of the incident. However, in view of the dying declaration of the deceased, I do not find this to be a fit case for grant of bail to the applicant. The application filed by the present applicants is rejected. (NANDITA DUBEY) JUDGE Signature Not Verified Signature Not Verified SAN SAN