GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) F.I.R. No.67/2020 was registered at Police Station Shrimahaveer Jee, District Karouli, for offence under Sections 498-A, 304-B, 302, 201 of I.P.C. and Sec. 4 of the Dowry Prohibition Act.

(3.) It is contended by counsel for the petitioner that at the stage of bail, presumption cannot be made a ground for rejecting the bail applications. It is contended that it is for the prosecution to prove that the victim was murdered. There is no last seen evidence or any circumstance leading to the fact that the victim was murdered by the present petitioner. It is also contended that the witnesses are not turning up inspite of bailable warrants issued against them.