Rajasthan High Court
Vivek Son Of Shri Rumi Singh vs State Of Rajasthan on 18 May, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 7180/2022
Vivek Son Of Shri Rumi Singh, Resident Of 55 Daimont City, Nagla
Padma, Gwalior Road Rohta, Agra ( U.p.) (At Present Confined In
District Jail Bharatpur)
----Accused/Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Anil Kumar Upman
For Respondent(s) : Mr. Ramesh Choudhary, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
18/05/2022
The present second bail application has been filed under
Section 439 Cr.P.C. The petitioner has been arrested in connection
with FIR No.407/2019 registered at Police Station Kumher, District
Bharatpur for the offence(s) under Section(s) 498-A, 306 & 511 of
I.P.C.
Learned counsel for the petitioner, drawing attention of this
Court towards the closure report dated 06.10.2021, submitted that
therein, after thorough investigation, it has been found that the
deceased was suffering from some mental disorder and committed
suicide on that account. Referring to the transcript of conversation in
between the deceased and her sisters, he submitted that there is not
a whisper of allegation therein against the petitioner of subjecting
the deceased to torture and harassment with regard to demand of
dowry. Learned counsel submitted that the petitioner is in custody
since last about 30 months and prayed for his release on bail. He, in
(2 of 2) [CRLMB-7180/2022]
support of his submissions, relied upon a judgment of Hon'ble Apex
Court of India in case of Kamal Vs. State of Haryana; (2204) 13
SCC 526.
Learned Public Prosecutor has opposed the second bail
application.
Heard. Considered.
The FIR has been lodged on the statement of deceased during
course of her treatment in the RBM Hospital, Bharatpur wherein, she
has levelled specific allegation against the petitioner of subjecting
her to physical and mental torture with regard to demand of dowry.
The allegations have been reiterated by her father Shri Ramveer
Singh (PW1) & her sister Vandana Kumari (PW2). The wife of the
petitioner has met with an unnatural death within one and half years
of her marriage and in view of the specific allegation contained in the
FIR (which is akin to dying declaration) and the statement of the
prosecution witnesses examined so far, this Court is not inclined to
extend the petitioner benefit of bail. The judgment in case of Kamal
(supra) is of no help to the petitioner as it was rendered in
circumstances wherein the appellant has served more than 2 years
and 4 months of incarceration out of 7 years' sentence imposed upon
him.
Resultantly, the second bail application is dismissed. However,
looking to the length of custody of the petitioner, the learned trial
Court is requested to expedite trial of the case and endeavour to
complete the same within a period of 6 months from the date of
receipt of certified copy of this order.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/9
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