SHAMBHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.85/2021 registered at Police Station Bamanwas, District Sawaimadhopur for the offence(s) under Sec. (s) 302 and 306 of I.P.C. and later on for the offence under Sec. s 498A, 323 and 306 of IPC.

(2.) Learned counsel for the petitioner, drawing attention of this Court towards the Court statement of Priya (PW4), daughter of the petitioner and the deceased, submitted that she has turned hostile and has not supported the prosecution story. He submitted that she was the only eye witness of the incident. He, therefore, prayed for benefit of bail to the petitioner.

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant opposing the prayer submitted that the petitioner is being tried under Sec. s 306, 498A and 323 IPC and as per the prosecution story, the deceased, petitioner's wife, was subjected to harassment and torture by the petitioner to such an extent that she was compelled to commit suicide. He submitted that other prosecution witnesses examined so far such as Asharam (PW1), brother of the deceased and Ramswaroop (PW3), cousin of the deceased, have levelled specific allegation against the petitioner in their statements of subjecting the deceased to torture and harassment. He submitted that some of the material prosecution witnesses are yet to be examined and hence, the petitioner does not deserve indulgence of bail.