JITENDRA SINGH HADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Contention of the learned counsel for the petitioner is that for the alleged incident dated 28.2.2010, F.I.R. has been lodged on 10.10.2011 with a delay of about twenty months. Learned counsel has referred to statements of neighbours and submitted that there is no evidence that petitioner has subjected to the deceased day or day before of his death. Statement of the son of the petitioner who was living with his material grand-parents was recorded after eight months of incident. There was no demand of dowry. On account of certain small domestic disputes, the deceased committed suicide. Petitioner is in jail since 5.1.2012. Trial may take long. He is ready to face the trial and there is no chance of his fleeing from justice.

(2.) Learned Public Prosecutor has opposed the bail application.

(3.) Without expressing any opinion on the merits of the case however considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail under Sec. 439 Cr.P.C.