HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous 3^rd Bail Application No. 4451/2022

Ajay Son Of Sharwan, Aged About 24 Years, R/o C-1323,

Shaheed Indra, Jyoti Nagar, Bhatta Basti, Jaipur (At Present

Confined At Central Jail Jaipur).

----Accused-Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Mr. Sanjeev Sharma

For Respondent(s)

:

Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

06/04/2022

The present third bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.159/2020 registered at Police Station Mahila Thana,

District Jaipur City (North) for the offence under Section(s) 498-A

and 304-B IPC.

Learned counsel for the petitioner submits that after

dismissal of the second bail application, statement of Investigating

Officer has been recorded. He submits that as per postmartem

report, except the mark of strangulation, there is no external

injury on the body of deceased. He submits that there has been

recovery of no suicide note by the police. He, therefore, prays for

benefit of bail.

Learned Public Prosecutor has opposed the third bail

application.

The first bail application of the petitioner was dismissed by

this Court vide its order dated 06.04.2021 which reads as under:

“After arguing at some length, learned counsel for the

petitioner wants to withdraw this bail application.

The bail application is dismissed as withdrawn.”

The second bail application filed after recording statement of

as many as nine prosecution witnesses including material

prosecution witnesses such as father, mother, cousin of the

deceased and the Doctor, who conducted autopsy of the body of

the deceased, was dismissed by this Court vide its order dated

05.01.2022. Thereafter, there has been no substantial change in

circumstance except statement of Investigating Officer.

In the present case, Smt. Sheela has died unnatural death

within seven years of her marriage with the petitioner. Statement

of the prosecution witnesses recorded so far reveals specific

allegation against the petitioner of subjecting the deceased to

torture and harassment with regard to demand of dowry soon

before her death. As informed by the learned counsel for the

petitioner, out of total 21 prosecution witnesses, 16 prosecution

witnesses have already been examined. Thus, trial appears to be

at its fag end. Contentions raised by the learned counsel for the

petitioner regarding absence of injury mark on the body of

deceased and lack of suicide notice are subject matter of trial.

In view of the aforesaid and also in view of the nature and

gravity of allegation against the petitioner, he does not deserve

indulgence of bail.

The third bail application is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

MADAN/19