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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

BENCH JAIPUR

O R D E R

S.B.Criminal Misc. Bail Application No.103/2015

(Tarun Kumar Vs. State of Rajasthan)

Date of Order :::::

13.01.2015

HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL

Mr.D.K.Garg, for the petitioner.

Mr.Prakash Thakuria ,Public Prosecutor for State.

The accused-petitioner has moved this application for grant

of bail under Section 439 Cr.P.C. in respect of FIR No.196/2014

registered at Police Station Sadar, Dholpur for the offences under

Sections 498-A and 304-B IPC. It is to be noted that after investigation

charge-sheet has been filed against the petitioner and the co-accused for

offence under Section 302 read with Section 34 IPC and bail has already

been granted to co-accused Kumari Kavita by this Court vide order dated

14.11.2014. Although, in the FIR it has been alleged that the petitioner

and his family members caused "dowry death" of the deceased who was

legally married wife of the petitioner and during investigation also the

family members of the deceased made allegation for the same offence,

but ultimately on the basis of evidence collected during investigation the

charge-sheet has been filed for the offence under Section 302 read with

Section 34 IPC by finding that the petitioner and the co-accused in

pursuance of their common intention caused death of the deceased. The

application filed by the petitioner for grant of bail under Section 439

Cr.P.C. has been dismissed by the trial Court vide order dated

09.12.2014.

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In support of the application, learned counsel for the

petitioner has raised the following grounds:-

1.

The entire prosecution case is dependant on circumstantial

evidence and there is no eye witness of the incident and co-accused

Kumari Kavita, who is real younger sister of the deceased, has already

been granted benefit of bail by this Court vide order dated 14.11.2014 and

allegation against the petitioner is not more serious and distinguishable

from the co-accused and, therefore, on the ground of parity the petitioner

is also entitled to be released on bail.

(2)

As per copy of the 'Rojnamcha Aam' of Police Station Nihalganj

(District Dholpur) dated 11.7.2014, injuries were inflicted to the deceased

by some unkown persons by using knives when she was travelling in a

car alongwith the petitioner and co-accused and as a result of the injuries

so caused she died. In the same incident the petitioner and co-accused

also received some injuries. Although, injury reports have not been

prepared in respect of the injuries received by the petitioner and the co-

accused, but as per their memo of arrest it is revealed that when they

were arrested injuries were found on their body and this fact supports the

contention of petitioner and co-accused that the deceased died as a result

of injuries inflicted by some unkown persons.

(3)

The only evidence collected during investigation against the

petitioner is recovery of knife allegedly used by him to cause injuries to his

wife. No supporting evidence has been collected.

(4)

Although, the family members of the deceased in the FIR as well as

during investigation clearly alleged that the deceased suffered "dowry

death", but without any basis charge-sheet has been filed against the

petitioner and the co-accused for offence under Section 302 read with

Section 34 IPC.

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On the other hand learned Public Prosecutor controverting

the grounds raised on behalf of the petitioner submitted as below:-

(1)

Although, the entire prosecution case is dependant on

circumstantial evidence and there is no eye witness of the incident, but

the evidence collected during investigation prima facie shows that the

petitioner and co-accused in pursuance of their common intention caused

death of the deceased by inflicting injuries to her by using a knife.

(2)

During investigation the weapon used in the incident