High CourtsSingle Bench

Bada Ram vs State Of Rajasthan

Rajasthan High Court · Decided on 6 December 2022 · Citation: (2022) 12 RAJ CK 0031

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 304B, 498A
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 13779 Of 2022
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Judgment

7 paragraphs · 234 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.418/2021 of Police Station Pindwara, District Sirohi for the offence punishable under Sections 498A, 304-B of IPC.

Learned counsel for the petitioner submits that so far nineteen (19) prosecution witnesses have been examined before the trial Court and there are material contradictions, improvements and omissions in their statements. Counsel further submits that no specific allegation of demanding dowry has been levelled against the present petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer for bail.

I have considered the arguments advanced before me and carefully gone through the record.

According to the FIR, incident took place within the two months of the marriage of the present petitioner and deceased. It is also mentioned that the present petitioner harrassed the deceased and he also used to beat her due to which Smt. Badki died. This fact is also corroborated from the statement of Smt. Mithki-mother of the deceased, Ota Ram @ Prabhu Ram-brother of deceased, therefore, this Court is not inclined to grant benefit of bail to the petitioner.

In the above circumstances, the bail application filed by the petitioner is hereby rejected.