CRLMB/12751/2013 of DEEWAN SINGH Vs STATE OF RAJASTHAN THROUGH PP on 20 December 2013

In the High Court of Judicature for Rajasthanat Jaipur Bench Jaipur Deewan Singh vs State S.B. Cr. Misc. Third Bail ApplicationNo. 12751/2013

Date of Order - 20.12.2013

Present

Hon'ble Mrs Justice Nisha Gupta

Mr.AK Khan, for petitionerMr. Pradeep Srimal Public Prosecutor This third bail application has beenpresented by the present petitioner u/s 439Cr.P.C for grant of bail in FIR no.45/2013registered at Police Station Chhipabarod,Baran for the offence u/s 306 IPC.

Earlier first application for bail wasrejected on merits on 3.5.2013. Thereafterthe second bail application was dismissedin non-prosecution. Hence this bailapplication has been presented with thecontention that material witnesses havebeen recorded during the trial andallegations against the present petitionerare only of general one. There is nospecific allegation of abatement. The caseof the prosecution is that the present petitioner has abated the deceased tocommit suicide. Witnesses have stated thatshehasbeenmurdered,materialcontradictions have been pointed out in thestatement of witnesses. The trial will taketime hence he be released on bail.

Per contra, contention of learnedPublic Prosecutor is that specificallegations have been lodged against thepresent petitioner. He used to beat thedeceased daily after having liquor and dueto this torture she has committed suicideandwitnesseshavesupportedtheprosecution story. No new fact has arisenin favour of the present petitioner, hencepetitioner should not be released on bail.

Without expressing any opinion on themerits of the case and looking at theabove, it is not a fit case to release thepresent petitioner on bail. Accordingly,the third bail application stands rejected.

(Nisha Gupta),J

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