PAWAN VISHNOI 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.398/2020 registered at Police Station Nokha, District Bikaner, for offences under Ss. 498A/34, 406, 406/34, 304B, 304B/34, 302, 302/34 IPC.

(2.) Learned counsel for the petitioner submitted that the petitioner is the husband of deceased Renu. Learned counsel submitted that as per prosecution, the marriage of the deceased Renu was solemnised with the petitioner on 25/11/2017 and at the time of marriage, sufficient dowry/stridhan was given by the complainant to the in-laws of the deceased. Learned counsel submitted that as per prosecution, the in-laws of the deceased continuously harassed the deceased physically and mentally. It was submitted that as per prosecution, owing to bad ill treatment at the hands of in-laws, the deceased returned to her parental house. Thus, the mediation proceedings as per social customs took place between the parties and as a result thereof, the deceased went back to her matrimonial house. Learned counsel submitted that as per prosecution, on the date of alleged incident i.e. 12/10/2020, the deceased made a call to her mother informing her that she is being beaten by her in-laws, in connection with dowry demand. Later, on the same day, they came to know that the deceased has been thrown in the water tank by her in-laws.

(3.) Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 13/10/2020. It was urged that there is no specific allegation against the present petitioner and only omnibus allegations have been levelled against the petitioner and his family members, by the complainant. It was submitted that co-accused (father of the petitioner), Hans Raj has already been enlarged on bail, by the co-ordinate Bench of this Court vide order dtd. 15/11/2021. Learned counsel submitted that a perusal of the FIR would reveal that case of the present petitioner is not distinguishable from that of co-accused person, who has been enlarged on bail.