ANIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.155/2022 registered at Police Station Mahila, District Hanumangarh, for offence under Ss. 498A and 304B of IPC.

(2.) Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.

(3.) Learned counsel for the petitioner submitted that in the FIR lodged by the complainant, omnibus allegations have been levelled against the family members of the present petitioner. Learned counsel submitted that the Police after making investigation has filed charge-sheet only against the present petitioner under Ss. 498A and 304B of IPC. Learned counsel submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the statement of the complainant and one Shri Chet Ram recorded under Sec. 161 Cr.P.C., learned counsel submitted that there is nothing on record to substantiate the allegation of demand of dowry, soon before the death of the deceased. Learned counsel submitted that the petitioner and deceased had been living separately and there is nothing on record suggesting that she was being subjected to cruelty or harassment by the petitioner in connection with demand of dowry. He further submitted that the petitioner is in custody since 1/5/2022 and no useful purpose would be served by keeping him behind the bars, therefore, the petitioner deserves to be enlarged on bail