Rajasthan High Court - Jaipur
Virender @ Viru S/O Nahar Singh vs State Of Rajasthan on 12 December, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 10245/2022
Virender @ Viru S/o Nahar Singh, R/o Village Babarpur,
Presently Reside At Ward No.23, Kasba Rajakheda, P.s.
Rajakheda, District Dholpur (Raj.). (At Present Accused Confined
In District Jail, Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. Mangal Singh Saini, PP.
Mr. Sunil Tyagi, Mr. Anirudh Tyagi, Mr. Budhhi Prakash Meena HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 12/12/2022
1. The 2nd bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.37/2021 Registered at Police Station Rajakhera, District Dholpur for the offence(s) under Sections 498A, 304B & 201 IPC.
2. Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since 01.03.2021. Chargesheet has been filed against the petitioner. Learned counsel for the petitioner submits that the 1 st bail application filed by the petitioner was withdrawn with liberty to file fresh bail application after recording the statement of witnesses Meghsingh, Vijay and Omwati. Learned counsel for the petitioner submits that these witnesses were recorded by the trial (Downloaded on 15/12/2022 at 12:14:58 AM) (2 of 2) [CRLMB-10245/2022] court. Learned counsel for the petitioner submits that there is no evidence that petitioner had harassed the deceased for want of dowry. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.
3. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the petitioner and submitted that the petitioner had harassed the deceased for want of dowry and also cremated last rites without conducting post-martem. So, looking to the gravity of the offence, the 2nd bail be dismissed.
4. Learned counsel for the complainant has placed reliance upon the judgment in the case of Satbir Singh & Anr. Vs. State of Haryana; Criminal Appeal Nos.1735-36 of 2010.
5. I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the complainant.
6. Petitioner and deceased were married on 11.12.2020. After that, as per complaint, petitioner and his family members tortured her for want of dowry and she had committed suicide. After that, petitioner and his family members had cremated last rites without conducting the post-martem. They had destroyed the evidence of her death. So, I do not consider it a fit case to enlarge the petitioner on bail.
7. Accordingly, the 2nd bail application under Section 439 Cr.P.C. is dismissed.
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