JAGU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.103/2013, Police Station Kalinjara, for the offences under Sections 498A and 302 IPC.

(2.) HEARD learned counsel for the petitioner and learned Public Prosecutor. Perused the challan papers.

(3.) LEARNED counsel for the petitioner submits that the petitioner has been arrested and charge -sheeted in a totally false and frivolous case. He submits that the petitioner was married to the deceased Shabnam 10 years ago. Shabnam was suffering from multiple organ cancer and ultimately she breathed her last on 2.5.2013. She was provided treatment for curing the disease but could not be saved. Learned counsel submits that in order to extract money, father of the deceased Shabnam filed a false report2 against the petitioner alleging that on 28.4.2013 the petitioner hit Shabnam on her abdomen with a brick due to which she fell down and thereafter she was assaulted by fists and kicks and as a result of the assault, she met with an unfortunate untimely death. Learned counsel drew the attention of this Court to the post mortem report of the deceased conducted by the medical officer of the Government Hospital, Banswara, as per which the cause of death of the deceased has been opined to be multiple cystic ovary with malignancy and secondary extension to pelvis, liver and lung. Learned counsel submits that it is obvious that the deceased expired due to multiple organ cancer. He has drawn the Court's attention to the statement of Dr. Vandana Agarwal. Dr. Vandana Agarwal stated that on 29.4.2013 Smt. Shabnam was brought to the M.G. Hospital, Banswara by her family members and was admitted. The Doctor treated Smt. Shabnam. Smt. Shabnam complained of abdomen pain and internal organ injury. She was subjected to sonography in which her spleen was found to be enlarged and multiple cyst were observed on her ovaries, no marks of injury were found on her abdomen in the sonography. On this she was prescribed some medicines and discharged on 30.4.2013. Learned counsel thus submits that it is obvious that the whole prosecution theory3 regarding the deceased having met with an unfortunate death due to assault made by the petitioner is palpably false. Learned counsel urges that prima facie the case registered against the petitioner is false and frivolous and he thus deserves to be granted bail.