[2023/RJJD/002897] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12288/2022 Mukesh S/o Ram Lal Sansi, Aged About 39 Years, R/o Pander Ps Pander Dist. Bhilwara (At Present In Dist. Jail Bhilwara)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Bhushan Singh For Respondent(s) : Mr. V.S. Sharma, PP Mr. Mahaveer Prasad Sharma, P.S Pander, Bhilwara HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment 30/01/2023 The petitioner has been arrested in connection with FIR No. 109/2021 of Police Station Pander, District Bhilwara for the offence punishable under Section 304-B, 302, 120B IPC. He has preferred this third bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the Head Constable who has been examined as PW/4 has categorically stated that the the video which was prepared at the time of investigation was not prepared by an independent person and the deceased was not in a position to give her statement to police or any other person. It is further argued that in the first part of video recorded by the deceased, a specific allegation was made against husband and brother-in-law for beating and demanding a sum of Rs. 6 lacs. In the later part, it has only been mentioned that her mother-in-law, father-in-law and brother-in-law gave her poisonous substance. It (Downloaded on 31/01/2023 at 10:31:10 PM) [2023/RJJD/002897] (2 of 2) [CRLMB-12288/2022] is also argued that husband has already been enlarged on bail, therefore, the petitioner who is father-in-law may also be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed the bail application and submits that according to recorded video, a specific allegation has been levelled against the husband, brother-in-law with regard to beating and that the father-in-law, mother-in-law and brother-in-law gave poisonous substance to the deceased.
I have considered the arguments advanced before me and carefully gone through the record.
The second bail application filed by the petitioner was rejected by this Court on 06.07.2022. Thereafter, two more prosecution witnesses PW/3 Devi lal and PW/4 Bhanwar lal have been examined. PW/3 has also specifically mentioned that deceased was in a position to speak and he prepared the video of the deceased in which specific allegation has been levelled against all the accused persons including the petitioner. So far as the accused husband is concerned, he has been released on bail being juvenile, therefore, case of the petitioner is distinguishable.
No case is made out for enlarging the petitioner on bail. Accordingly, this third bail application is hereby rejected.
(MANOJ KUMAR GARG),J 106-BJSH/-
(Downloaded on 31/01/2023 at 10:31:10 PM) Powered by TCPDF (www.tcpdf.org)