HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous IInd Bail Application No. 1365/2022

Vicky @ Deepak Son Of Tilakraj, Aged About 28 Years, Resident

Of Village Khohar, Police Station, Neemrana, District Alwar At

present lodged in the Sub Jail, Behror, District Alwar

----Accused Petitioner

Versus

State Of Rajasthan through the Public Prosecutor.

----Respondent

For Petitioner(s)

:

Mr. Ashvin Garg, Advocate (through

VC)

For Respondent(s)

:

Mr. N.S. Gurjar, PP

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

02/02/2022

This IInd bail application has been filed by the

petitioner under Section 439 CrPC seeking regular bail in FIR No.

466/2019 registered at Police Station, Neemrana, Distt. Alwar for

the offence under Sections 498A, 304B IPC.

Learned counsel for the petitioner submits that the

accused petitioner is innocent and he has been falsely implicated

in this matter. He has drawn the attention of this Court towards

the statement of PW-1 Devendra, brother of the deceased and

lodger of the FIR, who admitted in his cross - examination that no

complaint was submitted either in the police station or in the

Court with regard to giving beating and humiliating deceased

Rekha for demand of dowry. He further admitted that Vicky @

Deepak and his mother Basanti gave information to complainant's

(2 of 4)

[CRLMB-1365/2022]

uncle Narendra about the incident, who subsequently passed on

the information to the complainant. He further admitted that on

5.8.2019 (the date of incident), they came from their village and

on the same date returned to their village Khandoda happily. He

further admitted in his cross-examination that in the marriage of

deceased Rekha, there was no demand of dowry and in the

marriage ordinary dowry articles were given, therefore, they did

not submit the list of articles to the police.

Learned counsel for the petitioner has also drawn the

attention of the Court towards the statement of PW-5 Narendra,

who admitted in his cross-examination that in the marriage of

Rekha, demand of dowry was not made by anybody. He further

admitted in his cross-examination that on 5.8.2019 when they

went from village Khandoda to village Khohar, police officers

enquired about the death of Rekha and they disclosed everything

to police officers at that time. He further admitted that in the night

of 5.8.2019 itself they returned to village Khohar happily.

He has also drawn the attention of the Court towards

the statement of PW-6 Dr. K.P. Singh, who in his cross-

examination admitted that there was no injury on the person of

the deceased. He further admitted that there was no internal

injury on the person of the deceased and all the parts of her body

were normal.

He further submits that PW-7 Ajeet Singh, PW-8 Satya

Prakash, PW-9 Pawan Kumar and PW-10 Sher Singh, who are the

independent witnesses have turned hostile.

He further submits that from the above evidence, it is

clear that deceased Rekha was not subjected to cruelty or

(3 of 4)

[CRLMB-1365/2022]

harassment by the petitioner in connection with any demand for

dowry. There is no allegation on the petitioner in the F.I.R. about

the demand of dowry, therefore, the offence under Section 304B

IPC is not made out and no presumption under Section 113-B of

the Indian Evidence Act could be drawn against the petitioner

irrespective of the fact that the death took place within 7 years of

the marriage.

He further submits that at the most, the petitioner's

case would not travel beyond Section 306 IPC, for which the

maximum punishment is 10 years.

He further submits that in the FIR, allegation with

regard to beating and demand of dowry are against Basanti Devi,

but the police neither filed the charge sheet against her, nor the

prosecution filed an application under Section 319 CrPC before the

trial court. The conclusion of trial will take long time, hence