MUKESH BUDHANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this fourth bail application under Section 439 of Cr.P.C.

(2.) F.I.R. No. 193/2017 was registered at Police Station Mahesh Nagar, Jaipur for offence under Sections 304-B of I.P.C.

(3.) It is contended by counsel for the petitioner that the specific query was put to the FSL and FSL reported that the mark of ligature is ante-mortem in nature and such as would have been caused by Chunni. It is also contended that though the Court has taken cognizance under Section 302 IPC, but the same is under challenge before the Rajasthan High Court. It is also contended that petitioner has remained in custody for a period of four years. Conclusion of Trial will take time. It is because of the stay order of High Court, that proceedings are not commencing. It is also contended that the person who visited the spot after the incident, merely made observations. Now there is a report of two Senior Assistant Professors, which negates the possibility of offence of murder.