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Judgment
10 paragraphs · 268 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This third repeat application filed under Section 439 of Cr.P.C. for grant of bail. The second application was dismissed as withdrawn by order dated 11/04/2022 passed in MCRC No.17840/2022.
The applicant has been arrested on 20/11/2021 in connection with Crime No.88/2021 registered by Police Station Bhaguwapura, Disrict Datia for offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
It is submitted by the counsel for the applicant that the witnesses are not appearing before the Trial Court in spite of the fact that the bailable warrants of arrest have been issued.
This submission made by the counsel for the applicant was vehemently opposed by the counsel for the complainant. It is submitted that even the summons have not been served upon the witnesses and in absnece of any summons the Trial Court may not record their evidence.
Since, none of the parties have filed the order-sheets to substantiate their submissions, therefore, at present, this Court is unable to decide any question in this regard.
According to the prosecution case, the applicant is the mother-in-law of the deceased and was being harassed for non fulfillment of demand of Rs.50,000/- (wrongly mentioned as Rs.1,00,000/- in the impugned order) and a motorcycle.
Considering the totality of the facts and circumstances of the case, this Court is of the considered opinion that at present it is not a fit case for grant o bail. However, the applicant may revive the prayer after the examination of material witnesses.
With aforesaid liberty, the application fails and is hereby dismissed.