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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 10933/2023

Manohar Singh Sankhla @ Manohal Lal S/o Late Shri Ganpat

Ram, Aged About 27 Years, R/o Sankhlo Ka Bera, Ward No- 01,

Pipar City, Dist. Jodhpur.

(Presently Lodged At Central Jail, Jodhpur )

----Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Mr. Dhirendra Singh, Sr. Adv.

assisted by Mr. Abhishek Sharma and

Ms. Priyanka Borana

For Respondent(s)

:

Mr. Salim Khan, P.P.

For Complainant (s)

:

Mr. SK Dadhich

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/09/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.52/2023, registered at Police Station Pipar City, District

Jodhpur Rural, for offences under Sections 498A, 304B & 406 IPC.

As per prosecution, complainant- Anda Ram submitted a

written report dated 11.02.2023 stating inter alia that his

daughter deceased- Kanchan was married to the present

petitioner on 02.12.2016. Deceased- Kanchan was subjected to

mental and physical cruelty at the hands of the present petitioner,

in connection with dowry demand since the date of the marriage.

As per prosecution, the petitioner was demanding a car of

Rs.5,00,000/- as dowry and threatened that if the demand is not

fulfilled, he will not keep the deceased with him. Thereupon, a

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sum of Rs.1,00,00/- was given to the petitioner by the family of

the deceased. As per prosecution, on 10.02.2023, son of the

complainant namely Mana Ram received a call from the deceased

informing that she has been beaten by the elder brother of the

petitioner. On 11.02.2023, the niece of the complainant received a

call from the elder brother of the petitioner, informing that

deceased- Kanchan has died in Mathurdas Hospital. The

complainant demanded legal action against the petitioner by way

of submitting a written complaint before PS Pipar City for the

offences punishable under Section 498A, 304B and 406 IPC.

Learned counsel for the petitioner submitted that the FIR is

based on false and fabricated facts. Learned counsel further

submitted that the investigating agency after making thorough

investigation in the matter has already submitted challan before

competent criminal court on 08.05.2023.

Drawing attention of the Court towards the challan papers,

learned counsel submitted that the CCTV cameras installed in the

house of the petitioner have been analysed by the investigating

agency and the analysis whereof, made by the investigating

agency does not reflect any untoward behaviour of the petitioner

towards the deceased. Learned counsel also submitted that the

CCTV footage as analysed in the challan papers shows that the

deceased committed suicide by consuming insecticide/ poision

without any provocation/ instigation from the petitioner or any of

his family members.

Learned counsel contended that the statements of the

deceased were recorded by one Sarwar Khan, Head Constable,

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who received an information in this regard on his Whatsapp at

3:54 pm, in MDM Hospital Jodhpur soon before her death, wherein

she stated that she consumed insecticide/ poison in ignorance and

did not allege anything against anyone.

Learned counsel further submitted that a thorough scanning

of the challan papers would reveal that the behaviour of the

petitioner and his family members on the date of alleged incident

towards deceased was normal and she was not ill treated by them.

Learned counsel submitted that admittedly, the marriage of the

petitioner was solemnised with the deceased in the year 2016 and

it is unusual that she would be subjected to cruelty or harassment

in connection with dowry demand after so many years of the

marriage. L