Citation : 2021 Latest Caselaw 2350 Raj/2
Judgement Date : 7 June, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
8723/2021
Sanjay Kumar Son Of Kamlesh, Aged About 29 Years, Resident
Of Village Sansedi Polie Station Shahjahanpur, District Alwar, At
Present Lodged In The Sub Jail, Behror District Alwar.
----Petitioner
Versus
The State Of Rajasthan, Through The P.p.
----Respondent
For Petitioner(s) : Mr. Ashvin Garg through VC For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI (V.J.)
Judgment / Order
07/06/2021
1. Petitioner has filed this bail application under Section 439
Cr.P.C.
2. F.I.R. No.47/2021 was registered at Police Station
Shahjahanpur (Alwar) for offence under Sections 498-A & 304-B
I.P.C.
3. It is contended by counsel for the petitioner that there is no
evidence with regard to demand of dowry. Deceased was a patient
of asthma. It is also contended that from the statement of
witnesses, it is evident that the deceased had breathlessness
when she was rushed to the hospital and she died next day.
4. Learned Public Prosecutor has opposed the bail application. It
is contended that deceased died within one year of her marriage.
From the statement of father of deceased, it is evident that
(2 of 2) [CRLMB-8723/2021]
petitioner was demanding dowry in the form of vehicle. It is also
contended that from the postmortem report, it is evident that
deceased sustained grievous injuries on her cheeks, nostrils and
crescentic abrasion on her chin. She had also sub conjunctional
hemorrhage on her right eye. In addition to the above, she also
had bruises on her lip, ear and jaws. As per the information of the
Medical Board, cause of death was result of antemortem,
smothering and its consequences.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the
State, I am not inclined to entertain the bail application.
7. This bail application is, accordingly, dismissed.
(PANKAJ BHANDARI (V.J.)),J
ARTI SHARMA /32
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