DEVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.246/2021 registered at Police Station Khamnore, District Rajsamand, for offences under Ss. 304-B, 498-A and 406 IPC.

(2.) The petitioner is the husband of deceased ' Bhawna, who committed suicide on 23/11/2021 by hanging herself. The marriage between the petitioner and the deceased was solemnized in the year 2020. The deceased within seven years of her marriage died in her matrimonial house in unnatural circumstances. In the FIR lodged by the father of the deceased, it is alleged that the petitioner and his family members used to mentally torture the deceased for demand of dowry.

(3.) Learned counsel for the petitioner vehemently submitted that the petitioner has been falsely implicated in the present case. In order to support his conentions and Drawing attention of the Court towards the statements of mother (PW-5) and sister (PW-4) of the deceased, learned counsel submitted that these witnesses have not levelled any specific allegation of demand of dowry against the petitioner. Further, the attention of the Court was also drawn towards the statements of Manohar Singh (PW-1), Kishan Singh (PW-2), Dhan Singh (PW-9), Dharamnarayan (PW-8) and Babu Lal(PW-10) recorded before competent criminal court to highlight the fact that these witnesses have also not levelled any specific allegation of harassment to the deceased in connection with demand of dowry. Learned counsel submitted that as a matter of fact, the petitioner on a few occasions had merely requested the father of the deceased to lend him some money for aiding him in establishing his business. On the strength of these facts, learned counsel argued that the request for lending money solely cannot be equated with that of the dowry demand.